There are a number of Requirements for Custody Shared if you want to do this legally. Knowing them in advance will be very useful, as well as knowing how you can request it, what and how you can do the procedure by modifying the measures, who can make the request, and what are the minimum and maximum ages to request it.
When we talk about Shared custodyWe are referring to the legal agreement that occurs in situations of divorce or separation, so that both parents can exercise custody over their minor children, on a basis of equal conditions in the care of them.
If you are interested in knowing everything about how to process joint custody, do not go! We will explain everything to you below.
How to Request Shared Custody?
The procedure for requesting joint custody it is simpler than you imagine. It depends in the first instance on the moment in which you decide to start processing it. By this we mean that it can be given,
- During the divorce or separation process,
- After the separation,
- In the particular case that occurs between couples done.
For which the procedure would be more or less different depending on the case.
In the process of divorce or separation the drafting of a document called regulatory agreement. In this, the couple decides how their lives will develop once the divorce or separation takes effect. It includes, for example, the management of joint properties and, if requested by the couple, the management of minors in custody.
This is the moment where you could start the judicial procedure that takes charge of this aspect. However, it is important to keep in mind that the agreement on the custody of the children can be given in any part of the divorce proceedings, if requested.
The post-separation request It occurs when in the divorce exclusive custody was agreed for one of the parties and now they want to change that situation to that of joint custody.
In this case a measurement modification procedure. You make this request to your lawyer, so that he can initiate the corresponding procedures.
A mutual agreement can be reached, by means of which the previously established regulatory agreement, or sentencing, will be modified, which will initiate the father wishing to change to joint custody.
Finally, the particular case between de facto couples. The lawyers of each party should also be asked to wish to initiate a procedure on guardianship and custody, which may be judgmental, if the parties do not reach an agreement, or by mutual agreement.
In all three cases a judge will issue the final sentence regarding the custody of minors. Of course, taking into account the opinion of all the parties involved and the situations around them. When a mutual agreement is reached, it is much easier, since this is what ends up being carried out without the need for a laborious judgment.
Obtain Joint Custody through Provisional Measures
The Obtaining Shared Custody through Provisional Measures It is a remedy that takes place during divorce, usually when the parents do not seem to be able to reach an agreement regarding the custody of the children, leading to a trial that can last a considerable time.
It can also be carried out as a way that children can adapt to the separation from their parents progressively, and also reduce the economic and emotional cost that it entails.
Parental separation can create a emotional trauma in the child if it is not treated properly, especially if they are very young. Depression, attention deficit, hyperactivity, aggressiveness … And other disorders are linked to separation from parents, especially if it is conflictive.
This measure is provisional, as its name implies, until the Judge issues a judgment in favor of exclusive or shared custody, and the terms of the agreement are determined. This is, of course, taking into account the emotional bond, the age of the children, the work of the parents, the relationship with the children, possible abuse, and so on.
Obtain Shared Custody by Modifying Measures
The Obtaining Shared Custody by Modifying MeasuresAs we mentioned earlier, it is done after the divorce or separation of the parents. That is, when sole custody has been declared to one of the two parents.
In this sense, if either of the two wishes to change the regulatory agreement, in which custody was established at first, they must later opt to modify the measures, making the lawyer participate in the desire to change the status.
This can occur in two fundamental ways,
- By mutual agreement, of wanting to change custody to a shared one. In this sense, it is called for the modification of the regulatory agreement to establish the new measures, including alimony, with the collaboration of both parents.
- Contentious, when our parents can’t seem to agree on whether to claim joint custody. This is the way that takes the most time, since the parent who does not want to give up custody places obstacles at all times, which can make the process lengthen and continue until the judge has enough information to issue a sentence.
This modification is made when the circumstances surrounding the first regulatory agreement change, and it is taken into account whether this change is beneficial to the minor. Or if, on the contrary, it could harm you.
The requirements to request the start of the modification of measures are:
- There must be a change in the circumstances surrounding the first sentence. Thus, the demand must occur because of an alteration in some determining factor in the results of the first measurements.
- This change must be of great importance, so that the desire to change the first established agreement is perfectly justifiable.
- The change must be permanent.
- Circumstances must be beyond your control that you want to switch to joint custody.
- The change must be evidenced, either with documentation, witnesses or anything else that validates as evidence.
If you have all these requirements and want joint custody, then you can do it. This occurs in the case of parents who previously did not have the economic possibilities, job stability, had addiction problems, and so on.
Who can ask for joint custody?
Who can ask for Joint Custody? This corresponds in the first instance to Requirements for Joint Custody, of which we have not yet told you properly. We will do it now, almost to finish.
Either parent can ask for joint custody. However, it is also the case that custody is shared with one of the grandparents or with both. Or maybe with uncles or aunts of the minors. This occurs when circumstances around the child’s life require it, either because the parents cannot take care of it or because these are better options for the children.
In these cases, a lawsuit is made for breach of duties as a parent or for child neglect, to which a lawsuit would proceed in favor of these close relatives.
Be that as it may, there are a number of Requirements for Joint Custody that must be kept up to date to request something like this. These are,
- Proximity of the addresses of both parents. If they live nearby, so that the minor can move from one place to another, or if, on the contrary, they live very far away, even in another province or autonomous community.
- Proximity of addresses to the school or courses. Visiting the parents should not affect the minor’s responsibilities to a greater extent, or prevent him from developing his daily life.
- The relationship between the parents separately and the minor. If it is a healthy, concurrent and positive relationship.
- Schedule labor. Important when considering whether there is time to care for the child. This in a realistic way, since many parents tend to be absent due to inconvenience at work more than once in a while.
- Family support. They will analyze if there are uncles, grandparents or close relatives who can help in the process.
- The opinion of the minor. The age and possible influence of the guardian parent on your answer will be taken into account.
- The relationship between parents. If they get along, if they are respectful of each other or, if on the contrary, they cannot even see each other.
- The number of children.
- Level of involvement of the father / mother with the child. The role of these in daily life and in education is analyzed so far. Or, if on the contrary, there is an absence of responsibilities.
- Economic capacity. If both parents have the necessary resources to take care of the minor on their own.
After considering all these aspects, the Judge will dictate whether the shared custody. Or, at least, that’s the ideal. Again, these constitute the Requirements for Joint Custody.
Minimum and Maximum Ages to Request Joint Custody
The Minimum and Maximum Ages to Request Joint Custody it is also important to take them into account. The maximum age is, without a doubt, until the minor reaches the age of majority.
However, if you are very close to reaching the age of majority, the ideal is to reach a mutual agreement regarding custody, taking the opinion of the minor. In most cases, when minors are over 12 years old custody is resolved by mutual agreement, since they are able to reason what they want to do. And generally what they want is joint custody.
Actually there is no minimum or maximum age to request custody. What is taken into account is that, depending on the age of the minor, the impact of a decision could be greater or less.
When we talk about a baby, logically the ideal is to be on the mother’s side. Until the age of 3, the baby should be with his mother to better meet her needs.
However, joint custody can begin to be considered when the child ceases to need breastfeeding and is independent of the direct care of the mother. We recommend you always take into account the welfare of your son, daughter, sons or daughters, when you are going to make a decision of this nature.
What is it?
The Shared custody It is a legal agreement that occurs in situations of divorce or separation, so that both parents can exercise custody of their minor children, on a basis of equal conditions in the care of them.
When talking about this issue, it is very important to take into account aspects such as the impact on minors, the economic capacity to maintain them, what type of custody would it be, how to request it and the aspects that are taken into account to grant it.
We hope we have helped you with the Requirements for Joint Custody.
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