Any rupture process is painful, if that process relates to something as delicate as personal, intimate and loving life of two people even more, and if all this is added that among those two people there was a link of minor children between the same the situation becomes even more complicated. See here some aspects about it.
Children are the part that suffers most when the breakdown of the relationship between parents occurs and, of course, is that children are the weakest link part and, consequently, the most vulnerable, therefore they deserve special protection and ensure at all times by the prevalence and respect for their interests and needs throughout the entire process of rupture and the new life begins for the child after the breakup of their parents.
The custody disputes are the most bleeding that are settled in the competent courts for it, and the matter should analyze some points in this regard:
Formerly, before any marriage breakdown is assumed that the children stayed with the mother, the father was visiting when he belonged and it also happened to them a certain sum of money for maintenance and other expenses but in practice feigning ignorance of daily life of your child. This hardly discussed but now things are changing more and more.
And things are changing more and more, because social reality is also changing by leaps and bounds in a very fast way. Today’s society no longer sees only in mothers capacity and responsibility to care for the children and gives parents the same capabilities and responsibilities to do so, and secondly many parents have picked up the gauntlet and have acquired roles more active in caring for their children and there is a very remote mentality that existed long ago.
This new social reality, of course, over time has been seeing is also reflected in the courts, a few courts that adapted to the times are also responsible, as was said, to ensure that the interests of the child prevail.
So, and on the basis that when it comes to a divorce in which there exists no better solution under the amicable settlement between the parents, note that if necessary the contentious via one of the solutions posed is the joint custody.
The joint custody (which differs from the parental authority) is one scenario in which both parents acquire the same level of jurisdiction over the custody of children. It is the legal instrument that can emanate after a divorce or separation.
On the legal reality and practice of this type of custody differs depending on the territory. joint custody as the measure more favorable to interpret the interests of the child.
So much so, that today the joint custody is already prevalent and required application situation by judges, provided that do not undermine the need to make the child’s interests prevail over other aspects or factors that may be taken in consideration.