The first thing to bear in mind is that, currently, joint custody is usually an exceptional measure and not the usual one; This means that, normally, custody of children in a traditional way was given to the mother in 80% of divorce cases.
Only in 8% of cases does the father request joint custody, although in recent years this is a trend that is on the rise. exist various types of joint custody of children, we tell you which ones.
For joint custody to be granted, parents must request it by mutual agreement, if not, it will be the judge who decides based on some scales that we have in this article.
Do not confuse custody with parental authority, since the first refers to who will be in charge of the regular care of the children, which can be:
- exclusively from one parent
- from a third party, in the event that the parents cannot take care of the minor
However, parental authority is unavoidable by both, since it refers to the set of rights and duties that parents have with their children, such as their protection, care and development.
These types of custody are regulated in the same way, whether in the case of marriage, such as that of a common-law partner, and their application formulas may be different, since they apply to each particular case in relation to minors. .
Of course, There are essential requirements for this type of custody to be:
- That the addresses are close.
- That the educational guidelines of the parents are similar.
- The availability of the parents.
- That the child is not less than 7 years old.
- The fulfillment by the parents of their duties in relation to their children.
The fact that custody is joint does not mean that one of the parents can adopt certain decisions unilaterally, such as the change of residence of the minor away from their usual environment, the change of the school, or those related to religious education.
As for the application formula of joint custody, it can be weekly, monthly, quarterly and even annually, since the law does not establish specific terms, nor does it regulate the use of the habitual residence; Rather, it must be the parties who decide, if there is common agreement, or the judge himself, in a contentious divorce, although always in favor of the minor.
Knowing which is the best option is not easy, and will depend on the characteristics of each family nucleus. Sometimes it is not the children who move house but rather it is the parents who take turns so that the children continue to live in the family home and undergo as few changes as possible, although this is rare as it is difficult to implement.
Although it is necessary to try not to destabilize the minors, the truth is that it is also necessary to make them understand, according to their age, that the situation has changed, and each one must develop their personal grief.
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