Joint Custody Procedures
Joint custody is a legal procedure that allows both parents to have the responsibility of caring for and educating their children jointly, even if they do not live together. This type of custody seeks to guarantee the well-being and balanced development of the minors, allowing them to maintain a close relationship with both parents.
Requirements for Shared Custody
In order to request joint custody, a number of requirements must be met. First, both parents must agree to request this type of custody. In addition, it must be demonstrated that both parents have the capacity to provide a favorable environment for the development of their children.
Mutual Agreement
Joint custody requires that parents agree to share the responsibility of caring for their children. It is essential that there is fluid and respectful communication between both parents in order to reach an agreement regarding joint custody.
Care Capacity
In order to be granted joint custody, it is necessary to demonstrate that both parents have the necessary capacity to provide care, attention and education to the children. Among other aspects, the emotional stability, family environment and living conditions of each parent will be evaluated.
Best Interest of the Child
The best interests of the child are the main criteria taken into account when deciding on shared custody. Priority will always be given to the well-being and development of the children, taking into account their opinion based on their age and maturity.
Legal Advice
It is advisable to seek the advice of a family law attorney when initiating the process for joint custody. A professional will be able to guide and represent the parents throughout the legal process, ensuring that their rights and those of the child are respected.
Judicial Process
If an amicable agreement is not reached between both parents, it will be necessary to resort to a judicial process to determine shared custody. In this case, a judge will be in charge of evaluating the family situation and deciding on the custody of the children, always based on their best interests.
Psychological Evaluation
In some cases, a psychological evaluation of the parents and children may be required to determine whether joint custody is the best option in each particular situation. This evaluation will determine the capacity of each parent to provide an adequate and healthy environment for the development of the children.
Monitoring and Modification
Once joint custody has been established, it is important to monitor the family situation to ensure that the agreed conditions are met. If significant changes arise in the lives of the parents or children, a modification of custody may be requested from the judge.
In summary, the procedures for joint custody involve reaching a mutual agreement between the parents, demonstrating the care capacity of both parents, prioritizing the best interests of the child, obtaining legal advice, resorting to a judicial process if necessary, carrying out psychological evaluations and constantly monitoring the family situation.
If you are looking for legal advice on shared custody, we recommend that you contact Eva Alcalá Salmerón, a lawyer specializing in family rights. You can visit her website at www.abogadagranada.es.
