Definition of Shared Custody
Miscellanea / / July 04, 2021
By Florencia Ucha, on Feb. 2011
It is called shared custody to legal situation that establishes that in the event of de facto marital separation or divorce, both parents, father and mother, have legal custody of their minor children with the same conditions and rights, that is, neither one nor the other has an advantage over the decisions that concern the minor or minors under her guardianship, but quite the opposite, because the Justice decided that they share in equality of conditions the decisions that correspond to the well-being and future of their children.
Always, this type of custody will be established after the decision of a magistrate, normally being the one who has understood in the divorce or separation of the parents in question.
The counterpart of this type of custody is what is known as parental mono custody, one of the most common in countries that have a Latin root and which confers on it, whatever the grounds for divorce, to one of the two parents the custody of the couple's children, the other having no custody received the
responsibility Y obligation to access a visitation regime and pay for the food of minors.In some cases this type of solution judicial meets the needs of all stakeholders: parents and children, although it is also a reality that there are numerous cases in which, for example, the aforementioned obligations are not satisfactorily fulfilled, such as the payment of alimony or the I respect for the visitation scheme granted.
Then, as a consequence of the aforementioned situation and in some way seeking to solve the problem, the legal situation of the joint custody, through which it is proposed that both parents be in equal conditions and not just one who continues to support and raise the children. children of marriage despite the divorce.
The main benefit of this measure is that both parents can influence development and evolution both physical and psychological of their children and maintain almost permanent contact with them. According to specialists, in cases in which there is no joint custody, the development of the minor is notably lower and the Emotional conflicts tend to recur throughout the lives of those who suffered this type of situation in their experiences personal.
Issues in Joint Custody