05 Dec
05Dec

The type of custody parents have for their children is important. There are different child custody regimes. Shared custody, single-parent custody with visitation... to choose the most appropriate.

When a couple makes the difficult decision to separate or divorce, (you can consult the steps for divorce or separation here ) as is normal the question that worries the most, in those cases in which there are minor children, is who will take care of the children, how the parents will be organized, when they will be able to see them, what regime will be best for the minors

Family law is a changing, casuistic law that has evolved enormously over the last few years, adapting to the changes that our society has experienced.

Types of child custody

Often another question that comes up in the office is what kind of custody can I have over my child? We can speak roughly of two types of regimes, single or exclusive custody, and custody and shared custody and custody.

The first is the one in which custody is granted to a single parent, traditionally, although not always, it has been granted more frequently in favor of the mother, establishing a more or less extensive visitation regime in favor of the other parent (usually, although not always, to the father), accompanied by the establishment of a maintenance allowance in favor of the children.

On the other hand, the second regime, of custody and shared custody, tends to a more equitable distribution of the minors' time and distribution of responsibilities between both parents, and usually, each parent is responsible for the expenses of feeding the children in the periods that correspond to it.

What type of custody is best for the children?

When choosing one regime or another, you are concerned, what is the best type of custody? There is no better custody and regime than another, in Family Law, there are as many solutions as there are families, it depends on the circumstances of each specific case that must be carefully analyzed to determine what is most beneficial for the children. Also, parenting orders must be considered as well before choosing between these types of custody.

Without prejudice to them, it is true that in recent years shared custody has gone from being an exceptional and residual regime to being the regime that is being imposed with preference in the Courts, ousting the traditional single-parent custody, although its level of Acceptance and implementation varies significantly by Autonomous Communities in most countries.

Is joint custody a good option?

The perception and adequacy of this type of shared custody and custody regime vary depending on each type of family, the role developed, age of the children, and future expectations of each of the members of the couple.

In some cases, we find that mothers view it with greater suspicion, especially those cases in which the mother is the one who has developed the main role of caregiver, even sacrificing her professional projection in favor of the care of the children, and the implementation of This regime represents a drastic change in the ordinary functioning of the family.

However, it is not uncommon for parents to look at it with hope, especially those cases in which there has been a genuine involvement on their part in the care and equitable sharing of tasks with their children.
Shared custody allows children to live with both parents, establishing alternate periods of coexistence with one or the other parent and guarantees parents.

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