What is joint custody?
Custody can be granted solely to one of the parents or to both parents. In this case, when custody of the children is granted to both parents, we refer to it as joint custody.
What is the jurisprudential trend regarding joint custody?
After significant evolution in this matter, we must conclude that joint custody, according to the Supreme Court, should be the normal and desirable regime. This does not mean that joint custody is applied automatically, so it is necessary to have a lawyer specialized in the matter who becomes your best ally to achieve the various advantages that this type of custody can provide.
Joint custody can be agreed upon by mutual consent of both spouses, but it can also be decided by the judge in a contentious process if the parents do not agree.
Yes. When circumstances have changed, a modification of measures can be requested through the appropriate lawsuit so that the judge can modify the measures that were established in the sentence, including, among others, the custody of the children.
Let's imagine, for example, the case of divorced parents when the child was just a baby and custody was granted to the mother due to the baby's age. Now, years later, the father can request a change to joint custody, provided he proves that he can take care of his child and that the relationship with the minor is good.
Currently, many lawsuits for modification of measures are being filed by parents who do not have custody of the children (but do have a visitation regime) and want joint custody.
What criteria are important to consider when requesting joint custody?
The previous practice of the parents in their relationships with the minor and their personal aptitudes.
Proximity of the parents' residences.
The wishes expressed by competent minors.
The fulfillment by the parents of their duties in relation to the children and mutual respect in their personal relationships.
The work schedules and activities of each parent, as well as the proximity of the different residences to ensure a type of joint custody.
The result of legally required reports.
The absence of family violence sentences.
The parents' ability to create an adequate environment around their children that allows for proper education.
And any other factor that allows the minors to have an adequate life, even if in practice it may be more complex than when the parents live together.
It is advisable, in any case, that along with the request for joint custody, a properly developed contradictory plan is included, adjusting to the availability of the parties involved and based on the interest of the minors who will be affected by the measure to be agreed upon.
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