Getting a divorce when there are children involved is not always an easy decision for either party in a marriage. The children have to be sheltered and protected. However, many times when a divorce is inevitable, it means that the children are better off in a less volatile home. When this is the case, it means that the parents should work together to ensure that everything is done to give the children a chance to adjust.
Divorce or Separation
In addition, many instances of divorce and separation occur when there are minor children involved. It is necessary to establish a custody arrangement for them. This guardianship and custody consist of the coexistence, care, and assistance of minor children. This is a concept different from that of parental authority, which establishes the general representation and administration of the assets of minor children. In the case of parental authority, it is usual for both parents to exercise it jointly. However, guardianship and custody will be mandatorily attributed to one or the other, or both jointly, in cases of separation and divorce.
Types of Child Custody
Guardianship and custody can be single-parent or shared by both parents.
Single Parent Custody – Single-parent custody is one in which custody will remain exclusively in the hands of one of the parents. This parent will live with the children, having them remain in their care and obtaining the non-custodial parent the right to visitation. The latter, in addition, must normally pay alimony and/or child support.
Shared Custody – Joint custody is one in which both parents have the right to live with their children for very similar periods. In addition, in it, both parents will have the responsibility for the education, upbringing, and general welfare of the children under equal conditions.
In recent years, the Supreme Court has been holding that joint custody “should not be considered an exceptional measure,” which is why we are increasingly seeing a higher rate of adoption or agreement of this type of custody.
Requirements For Joint Custody
The requirements or criteria assessed for the establishment of joint custody are the following:
- The constant care of children during the marriage or relationship
- Parents’ work availability
- The closeness of homes between parents
- Age and wishes expressed by minors
- Parenting plan
- Psychosocial report or exploration of the minor
- The request of the parties
Although these are the main criteria to take into account, all of them are subject to the best interest and benefit of the minors.
When Is Joint Custody Discouraged?
Certainly, the number of joint custody granted has increased. However, there are situations in which this type of custody is discouraged, such as:
- Conflicting relationships between the couple
- Excessive distance between the parents’ domicile
- Situations in which there are other problems (drugs, abuse, etc.)
- It is also not recommended for cases in which there are babies or very young children involved
If you have any questions in this regard or consider that you should be granted joint custody of your children, do not hesitate to contact a reputable and experienced attorney such as Garwood Attorneys.
