Shared custody

Breaking the bond with the couple is always a painful process, especially when, in the common project that has been broken, children intervene. The main victims of divorces are and will always be the children, especially, the little ones. For this reason, in order to facilitate the well-being of minors, the new Divorce Law focused on shared custody.

"The shared exercise of guardianship and custody of children will be agreed upon when requested by the parents in the proposal for a regulatory agreement or when both reach this agreement during the procedure." The Judge, when agreeing on joint custody and after substantiating its resolution, will adopt the precautionary measures for the effective fulfillment of the established guardian regime, trying not to separate the brothers ". Article 92.5 of the Civil Code


In our country, single-parent custody was granted in more than 90 percent of the cases to the mother. The problem arose when, after the decision of the Judge, the other spouse was completely separated from the education of their children. Now the reality is different, with the recent introduction of the new Divorce Law, joint custody aims to avoid these situations by allowing both parents to participate in the day to day of their children. In this way, The Judge will determine which regime will be the most convenient in each case.

It is not a practice that is forced to perform, but it opens the doors so that parents can reach a better understanding for the good of their children.


Ten requirements for granting joint custody

1. The result of the report of the psychosocial team of the Courts legally required It consists of an interview with parents and children to observe the interaction of children with both parents. This expert report is fundamental to and almost always determines the type of custody and visits that will be established by the judge in the Divorce Judgment.

2. The age of the minors and the number of children. In the case of children under 7 years of age, joint custody may be more of an emotional destabilizer for children than a benefit, since the mother is often the main figure of attachment to these ages. Therefore, the ideal is for the child to spend more time with the mother and the process of assimilation is slower.

3. The good or bad relationship of the couple.


4. The desire or preference of the minors.

5. The previous practice of parents in their relationship with children.

6. The availability of parents.

7. Educational systems and guidelines must be similar. Educate children together to guarantee stability and understanding between both parents.

8. The proximity of homes. If parents live in different cities, joint custody becomes impossible.

9. The fulfillment on the part of the parents of their duties with the children.

10. The inexistence of acts of family violence or sexist violence. Even when only clues have been obtained.

Noelia de Santiago Monteserín

Video: One Common Mistake People Make in Joint Custody Cases


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