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Shared Custody:

Shared custody implies that both parents have the responsibility to care for and raise the minor children equally, actively participating in their education, health and well-being. In this type of custody, the children spend time with each parent on a regular basis, usually alternating or according to a schedule agreed upon by the parties.

Procedure:

Parents may reach an agreement on joint custody, either voluntarily or through family mediation. This agreement must be submitted to the judge for approval.

If the parents cannot reach an agreement, the judge will evaluate the situation, taking into account the best interests of the child, the parents’ ability to care for the children and other relevant factors. In some cases, the intervention of a psychosocial team may be requested to make technical reports to assist the judge in his or her decision.

Once all the circumstances have been evaluated, the judge will issue a judgment establishing the terms of shared custody, including visitation, the economic contribution of each parent and other aspects related to the care of the children.

Exclusive Custody:

Sole custody implies that one parent (usually the mother) has primary responsibility for the care and upbringing of the minor children, while the other parent (usually the father) has a visitation regime established by the judge.

Procedure:

One parent may request sole custody during the separation or divorce proceedings. This request may be based on various reasons, such as the best interests of the child or the care capacity of each parent, among others…. The judge will evaluate the situation, taking into account the arguments of both parties and the technical reports provided by professionals specialized in family law and psychology. Subsequently, a judgment will be issued establishing sole custody to one of the parents, as well as the visitation regime of the other parent and other aspects related to the care of the children.

It is important to keep in mind that in both types of custody, the best interests of the child are always protected and their welfare is guaranteed in all decisions made by the courts.

If you need legal advice, do not hesitate to contact us.

 

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