Differences between joint custody and single parent custody
The separation or divorce of couples with children entails an addition to the possible conflicts that are faced with the issue of the breakdown of marriage, especially with the way in which paternal-filial relationships are going to be regulated from that moment. Except in very specific cases, parental authority is usually shared by both parents. However, it is the issue of custody of children that can cause more problems. In .com we explain the differences between shared custody and single parent custody .
Parental authority
To understand what guarding and custody is, we must know how to differentiate it from parental authority. The latter is the compendium of duties and rights that parents must have over minor and non-emancipated children. In short, it is about exercising paternity, with all that entails, so that children are well-kept, protected and cared for in all aspects.
As a general rule, parental authority is granted to both parents and is only lost by:
- Death of one or both parents
- When the child acquires the age of majority or when, even though he is a minor, he is declared as emancipated
- Because they are given for adoption to other people
- By judicial decision
The guard and custody
The guard and custody, in its strictest sense, is actually the right to live with the child physically. Traditionally guard and custody was granted mostly to the mother. However, in the last children and claiming a greater benefit for the children, the ostentation of the guard and shared custody is imposed.
Basically those are the types of guard and custody that exist: single-parent, granted to only one of the parents (traditionally to the mother); shared, in which both parents have the right to live with their children; departure, when the custody of one child falls on one parent and that of other children on the other parent.
Single parent custody
As we have already made clear, the single-parent custody is the one that falls on only one of the parents, having the other right to stipulate a visiting regime so that you can spend time with your children. Likewise, it will also be granted, as a general rule, the right to live with their children during the end of alternate weeks and also during certain part of the holiday periods.
The person who exercises single-parent custody will be responsible for watching and deciding on the daily and daily issues of the children.
Shared custody
For some years, although slowly, the concession of shared custody has been imposed. In this case, both parents share the right to live with their children. They will do so alternately for periods of time stipulated by the judge and that may be for weeks, months, even years.
During that time, the parent who does not have the time of custody, will also be entitled to his visitation regime. The father who lives in each moment will be in charge of deciding on the daily issues of the little ones, taking them to school, dressing them, feeding them, providing them with medical assistance and shelter.
In any case, it will also be the judicial authority who will decide if the children will rotate from home or if it will be the parents who will move, alternatively, to the one that is declared a family home.
In we tell you what are the types of shared custody.
