Requirements to request Shared Custody: Find out what you should know

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There are cases where couples have to separate, but in the middle are children who, regardless of their parents’ relationship, have to receive the attention of both equally. For this and more, everything about the requirements for requesting joint custody.

Read this which is very important for your children!

What is Joint Child Custody?

It is a legal agreement where a couple who are separated or, failing that, are divorced, establish that they are going to take responsibility in equal parts for the upbringing of children who are still minors., that is, both parents are responsible for the minor regardless of whether they are separated.

Additionally, it is important to say that in this type of agreement it is done so that the infant or infants do not suffer major changes in life, except that one of their parents does not live under the same roof as them. On the other hand, everything must remain the same in the lives of the children, as long as the terms of the new way in which the children are going to grow up are mutually agreed.

The good things about these custody agreements are the best, as raising a child is not an easy task and it is always good to have help whenever it is needed.

What is Exclusive Custody of children?

This type of custody is the opposite of what was mentioned above, since this is when one of the parents is responsible for the minor or minors, without the other participating in the upbringing of the children.

Exclusive custody is only applied when one of the parents is not in a position to take care of their child, due to the fact that he has problems with narcotics or mental problems, there are also those who due to their bad behavior cannot be present in life of his son.

Of course, some parents can look for evidence about the bad behavior that the other part of parenthood has, so the best thing to do when you have children is to have an impeccable behavior, so they don’t take away your children and you can only do them watch for a short time.

What are the requirements to request Joint Custody?

Something that must be clarified is that the custody of a minor or more, does not lose with the simple fact that the parents are divorced or separated, an agreement is only reached as the parents are going to do now that they are separated with their children.

But to avoid misunderstandings and in some circumstances that children or adolescents run some kind of danger, for this it is better to leave on paper what their upbringing will be like now that their parents are separated and for that to be established the following must exist:


  • Willingness of parents to comply with the agreement

Well, every good father wants the best for his child, so he has to adapt his time for him or her regardless of whether they live in the same house, in addition to managing his own expenses plus the maintenance he has to pay.

The father who lives with his children also has to organize his time so that it does not clash with that of another father who does not live with them.

This is part of the administration that parents have to do to know who is going to do what the minor needs, that is, who is going to be their representative at school, agree to do some other paperwork that has to be done. the minor and anything else that the child (ren) needs, that is, You have to create an agreement to see how your children will be cared for and be willing to abide by it.


  • Parents’ work and housing situation

As all minors must grow up in a stable environment, both parents must have a stable employment situation, as well as legal, not counting that the place where each parent resides to be suitable for a child or adolescent depending on the case.

In this way, the minor will not have problems and will be able to live with both parents without any inconvenience.


  • Parental relationship with the minor

This requirement is to explain that parents give their children all the attention that their children deserve, that in this type of cases they do not manipulate them into choosing a parent by persuasion, in case they only have to choose which parent they are going to stay with.

It should also be mentioned that it must be shown that for both parents their priority is the children, which will motivate them to carry this type of agreement so that the minor does not see affection, physically or emotionally.


  • Relationship between parents

The relationship between the parents has to be the best possible for the sake of the children, since even though they do not see them when they argue or when one parent speaks badly of the other, this affects the children emotionally, making them believe that one of the His parents are bad, when the truth is quite the opposite and there is only a quarrel between both parents. Not to mention that sometimes children know more than what they are told.

It is best that both parents see each other as allies and support each other in raising their children.


  • Conduct medical and psychological studies on parents

In the case for a judge to approve joint custody, both parents must have the physical and psychological conditions suitable to raise a child, that is, they cannot be addicted to any type of drugs, not have any type of physical disability that prevents them raise their children and not have any type of mental disorder that can affect the child.

If the parents comply with everything that has just been mentioned, there is no problem for joint custody to exist.

How to get Shared Custody?

Certainly parents once they are separated could reach an agreement on how they are going to raise their children from now on, without the need for a third party to intervene. On the one hand, it is always good to have the thing on paper, that it is legalized, to avoid inconveniences.

Now the first thing is to get a family lawyer to receive all the advice you need on this matterAlthough the procedure begins once the lawyer studies it, the case is sent to a prosecutor to dictate the sentence of the agreement.

As soon as the prosecutor receives the case, the analysis of the case begins, where it will be verified if the requirements for requesting joint custody, which already mentioned above. Next, depending on the age of the children, the prosecutor interviews him to find out what the relationship the minors have with their parents and with which of the parents the child wants to live. The latter if it is really necessary.

Although many parents can divide the time from where their children live, the ideal is that both houses are close together so as not to affect the child’s routine, although if the homes are widely separated, it is not an impediment for joint custody to be given, it only complicates a little more things.

What is the importance of obtaining Joint Custody of the children?

The importance of having joint custody is that it is legally established how both parents will live together to raise their children now that their relationship is not like before, in such a way if in the future a conflict arises between the parents, which does not affect directly or indirectly to minors, the dispute is not a reason for not complying with the agreement.

Not to mention that this type of agreement obliges parents to fulfill their duty, since failure to comply with the agreement can have very regrettable legal consequences.

Additionally, this agreement protects the duty and the right of parents, through an agreement that adapts to the needs of both parents and children, now that they are separated as a couple.

With this and the parents who are not now a couple, they have a notion of what the requirements for requesting joint custody, something that must be added to this type of agreement.

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