Joint custody is a legal regime established so that divorced or separated spouses maintain the custody of their children in equal parts.
Basically, it is the legal situation that is generated when both parents are in the personal care of the minor child, living with him or her and assisting him in his development and growth.
This custody means that the children of a divorced couple will stay with each of them for half their time. That is, they will not live with just one and will spend one weekend a month with the other parent, for example.
It is essential to establish and define the regime that the children will live with the parents once the couple separates.
The two parents will have custody of their children, what does this mean?
Formerly, single-parent custody was granted to the mother, which meant that the father lost the custody of his children, which became the sole custody of the mother. This guard refers to coexistence with children.
On the other hand, at no time, neither in single-parent custody nor in joint custody, was parental authority lost. The parental authority is the set of rights and duties of parents towards their children, duty to feed, care for, watch over them, educate them, represent or administer their property.
These rights and duties that constitute parental authority do not disappear if there is no joint custody. However, the guardianship does disappear for one of the parents if this legal regime is not established by the parents.
Characteristics of joint custody
Some main characteristics of joint custody are:
The children will spend alternate times living with the two parents, with 50% of their living with each of them.
The options are diverse, they can live 6 months with each one, every three months or every fortnight.
This custody can be requested and accept this regime by mutual agreement between the parents.
The judicial authorities can impose that they assess the specific case and can impose this custody.
The two parents exercise parental authority and guardianship of their children under equal conditions and with the same rights over their children.
Its purpose is to protect the best interests of the minor.
Parents can also present their Parenting Plans to the judge, that is, an agreement they have reached and in which the participation of the affected children is also foreseen, regarding the place and time that the minor will spend with each of them (both on ordinary dates and on holidays), the responsibilities to which each parent undertakes, and the visitation and communication regime that will be established between the child or adolescent and their ancestor with which does not live together (when unilateral personal care has been agreed).
Ways to exercise joint custody
Some of the formulas that parents choose or are imposed by the judge are:
Single address: Minors do not change their address and those who change to comply with the established periods of time are the parents themselves. This method has major advantages for children but can be very controversial for parents.
Different addresses: Each parent has their address and the minor will be the one who moves to share the established time with each one.
Same address with parents: This case is very unusual, but parents can divorce or separate and continue to live in the same address where they share joint custody with the children
