Shared custody is a type of custody of the child after marital separation where all deliberations about the child's routine are taken together by the parents.
Shared custody is mainly aimed at meeting the interests of the child, who is the one who loses the most with the separation from the parents, being deprived of the coexistence of one of them and having a feeling of abandonment of the one who does not have their guard.
In shared custody, parents share responsibilities and expenses for the upbringing and education of their children. it means that both have the same duties and the same obligations and also an equal opportunity to live with they.
The new joint custody law establishes that when there is no agreement between the parents, the judge will decide, as a matter of priority, that the custody of the child be shared. The exception is valid if one of the parents gives up custody or if the judge determines that one of the parents is not able to take care of the child.
This new measure changed the wording of the Civil Code, which established that the custody of children should be with the parent who had better conditions. The new measure came into effect on 12/23/2014.
Shared custody and pension
In shared custody, although decisions regarding the children are made by both parents, in practice, the actual custody is only with one of them, the other is responsible for financially helping with expenses, but the pension amounts may be previously agreed. Thus, in addition to sharing the care and the main decisions about the children, the parents must also share the expenses.
unilateral guard
Unilateral custody is one in which the child lives with a parent who holds custody and takes all the decisions inherent in the creation, while the other parent now has the right to visits regulated by the judge. The alimony is fixed by agreement between the parties or by the judiciary and becomes an obligation of those who have the right to visit.
