Children have the right to live with both parents, this greatly benefits their development. Therefore, joint custody becomes increasingly relevant in cases of divorce or separation. This is what you should know about her.
In Mexico, between 2000 and 2015, the number of divorces increased 136.4%. The National Institute of Statistics and Geography (INEGI) has specified that in the country there are 1,381,509 people who live alone and, of these, 94.4% are exunited or single, while only 5% declared to be married or in a free union.
Furthermore, according to the National Survey of Occupation and Employment (ENOE), 9.6% of women aged 15 and over with live-born children are single. In adolescents between 15 and 19 years old, this percentage is 22.8%.
These data undoubtedly speak of the reality of childhood in our country: divorce, or separation from couples, is one of the main causes of disorders in minors.
A study published by UNICEF indicates that “the consequences can range from moderate to severe, from temporary to permanent and that they depend on the following aspects:
1. Degree of the previous conflict, especially whether or not the children are involved.
2. Exercise or not of the joint upbringing of the children.
3. The effects of economic and lifestyle deterioration.
In this sense, César Martín, lawyer, affirms that “joint custody is the ideal situation for children in the case of parents’ divorce.” However, he adds: “When there is no law that regulates something, it must be the jurisprudence that does it; that is, repeated judgments of the Superior Court that complement these gaps and on which the courts are based. ”
In Mexico, for example, joint custody does not appear as such in the Federal Civil Code, but leaves open its possibility:
Article 416. In the event of separation of those who exercise parental authority, both must continue to fulfill their duties and may agree on the terms of their exercise, particularly with regard to the custody and custody of minors.
Article 417. Those who exercise parental authority, even when they do not have custody, have the right to live with their descendants, unless there is danger for them. Personal relations between the minor and his relatives cannot be impeded, without just cause.
The most important thing in joint custody: Make your child feel loved and safe
Also try to promote security and take care of emotional factors, so that the change of dad-house is not a cause for concern. Thus, the comings and goings will take second place if, as parents, they give priority to the stability of their child, which depends more on significant relationships than on comfort on a physical or environmental level.
This system may be ideal if the rules and habits are similar in each home.
7 POINTS YOU SHOULD KNOW ABOUT JOINT CUSTODY
1. Its purpose is that both parents continue raising their children, because “the marital break does not mean the end of the paternal-filial relationship; that is, the son does not divorce one of the parents, “says Pérez Gándara.
2. Through it, both parents have legal and physical custody of their children; This means that they share the rights and responsibilities in education, training, maintenance and all activities related to the upbringing of children, in such a way that they enjoy, by judicial resolution, equality in all decisions and actions related to minors, in equal footing.
3. For there to be joint custody there must be parental authority, which the parents have by law; that is, they are responsible for caring for, protecting, feeding, educating, procuring, legally representing and managing the assets of their children under the age of 18. And they only lose it when they do not fulfill their duties or when their conduct endangers the well-being of the child, but only by judicial sentence, which would also end in joint custody.
4. The brothers cannot separate and stay in different houses; In addition, it seeks to avoid, as much as possible, removing children from their social environment (friends, school, economic level …), so it is convenient that there is no change of address of the parents.
5. Children over 12 years old or who already have the capacity and maturity to express their decision, can choose which parent to live with. The judge is the one who determines, using behavioral experts, whether the child is in a position to make the choice or even if it could be the product of the manipulation of one of the parents to destroy their bond with the other (the so-called alienation parental).
6. The parents are the ones who must propose the shared custody of their children before the family judge, who can make the consultations that they consider pertinent to the close relatives of both parents, request the opinion of the necessary professionals or experts and even interview the children to determine what would be the most beneficial for them.
7. The judge is the one who determines each of the parents the contribution for the children’s food, considering their particular economic capacity. This plan would be subject to periodic evaluations.
What makes joint custody really work?
- Both parents should be equally involved in the activities and upbringing of their children, sharing responsibilities and rights on equal terms.
- Both parents must be clear that divorce does not deprive either of them their right to live with their children.
- Parents must always maintain respect for each other and for each of the children.
- Parents need to have enough emotional intelligence to reach agreements and resolve conflicts in order to facilitate the structure of schedules, conditions, frequency and all those details that allow building a good joint custody agreement.