In several rulings, the High Court has indicated the effects that are intended to be usa number list achieved with the custody system:
Encourage the integration of the child with both parents, that is, ensure that there is a balance in the time spent with each parent.
Avoid the feeling of loss.
Do not question which of the parents is more suitable to exercise parenthood.
Encourage parental cooperation always for the benefit of the minor.
If you find yourself in this situation, it would be best to try to reach an agreement with your partner on the issue of children and, above all, put yourself in the hands of lawyers specializing in family law , such as the lawyers in Barcelona Catala-reinon.es who are experts in child custody.
What is joint custody?
The joint custody regime is included in article 92 of the Civil Code and is understood as the role of the parents to live with, care for and assist their children in cases of marital crisis. Be careful! Joint custody does not only apply to marriages or registered de facto couples, but also to de facto relationships. That is, regardless of the relationship that exists between the parents, joint custody can be requested.
The custody regime, understood as the role of the parents to live with, care for and assist their children in the event of a marital crisis, is regulated in article 92 of the Civil Code . From this provision it can be deduced that the principle that governs shared custody is the interest of the minor. In addition, a greater commitment and collaboration between the parents is required, since this regime attempts to approximate the model of coexistence that existed before the breakup, so that both can participate on equal terms in the development and growth of their children.
Characteristics of shared custody and guardianship
As we have indicated above, the best interests of the child are a fundamental principle of this regime. In order to grant this type of custody, different criteria must be met :
The connection of the children with each of the spouses.
The parents' attitude towards their children before the breakup.
The opinion of children will be taken into account in any case, for those over 12 years of age.
Respect between parents and their willingness to cooperate and try to raise their children together. A good relationship between the parties is highly desirable.
The proximity between the parents' homes.
Reconciliation of personal and family life , for example, work schedule, availability of hours, working hours, etc. will be taken into account and assessed.
The opinion of the Public Prosecutor's Office and the expert psychological report that is carried out will be decisive, but not binding .
That is to say, the judge has to weigh up and take into account several elements to grant said custody.
Well, there are as many ways to exercise it as there are cases of separation because it can be adapted to each particular case. But, normally, they are one of these ways:
Shared custody in the same home : in this case, it is the parents who have to leave the home when the other parent is entitled to custody and the minor or minors will always remain in the family home.
Custody is exercised at different addresses : in this case, it is the minor who has to travel and go to the home of each parent during the period that corresponds to him/her.
Coexisting shared custody , that is, both parents live in the same home.
Regarding the time of joint custody, it is usually attempted to be equal for each parent. However, sometimes this is not possible for various reasons, and the minor will spend more time with one of the two parents.
How do you deal with expenses?
It is very common to think that if joint custody is granted, each parent is responsible for their own expenses and there is no need to pay child support. First of all, we must bear in mind that each case is different and depends on the personal and economic circumstances of the parties.