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As a fundamental right of family coexistence of girls, boys and adolescents with their parents, it is a general well-being in accordance with the best interest of children enshrined in Article 4 of the Political Constitution of the United Mexican States; The main objective is to highlight and put on the table the inescapable right of children to necessarily live with their parents, which on many occasions cannot be carried out adequately, putting at risk the family nature of a healthy coexistence. The methodology of the work consists of the analysis of doctrine and legal documents to reflect on the topic mentioned through the analysis of documentary and legal information, which allowed us to conclude as a result the due State intervention for the safeguarding of the fundamental rights of children to an adequate parental coexistence. [ABSTRACT FROM AUTHOR]

In this article, the disputes of mothers and fathers about the custody and visitation of their sons and daughters are analyzed, through an interpretation of their narratives. It focuses on cases where divorce is conflictive, evidencing a significant presence of forms of gender-based violence, with and without a judicial complaint. Through stories, I analyzed the previous situation, the judicial process and the relations between the ex-partner once the definitive judicial measures had been taken in relation to the children. Nodal but not very visible elements are identified and analyzed at each moment of the judicial process: in the initial situation, the uncertainty experienced by the absence of rules of coexistence. Then, the difficulties posed by judicial rituals in showing complex situations and the mothers' dilemma about whether or not to report the inconvenience their children may suffer for fear that they will not be believed. Finally, the emergence of new types of covert violence, such as financial abuse related to pensions and custody harassment. Divorces in which conflict becomes chronic can disrupt children's daily lives. [ABSTRACT FROM AUTHOR]

The Judgment of the Provincial Court of Córdoba (SAP Córdoba) of February 24, 2021 confirms that of instance regarding the attribution of shared custody of a minor born from a non-marital relationship, despite the opposition of the parent who requests the guardianship and custody, alleging that the disability suffered by the mother prevents her from taking care of her daughter. For the Chamber, there is no conflict of interest between the rights of the minor and that of the mother, recognized in Article 23 of the CRPD, as it makes it clear that the best interests of the minor daughter must always prevail. With equal forcefulness, it resolves that the existence of a disability in one of the parents is not per se sufficient reason to deny the custody of the minor, but rather that all the circumstances must be assessed together to make a decision. [ABSTRACT FROM AUTHOR]

Over the last decade and a half, the legislation on marital ruptures has experienced significant changes with the possibility of shared custody being one of the reforms with greater impact. Although these regulations have not ceased to be enacted, there is no study, such as this one, that relates legislation and practice of shared custody in Spain. This article uses the INE Statistics of nullities, separations and divorces, as the main data source analyzing it from its microdata. It is concluded that the existence of a specific law has triggered shared custodies; however, this practice has increased in those Autonomous Communities where it was previously more frequent. Yet, other variables also intervene in the assignment of shared custodies, as confirmed by the cases of the Balearic Islands or the Valencian Community. [ABSTRACT FROM AUTHOR]

In this article our aim is to reveal an apparently paradoxical situation for normative sex/ gender patterns in relation to upbringing. The discussion focuses on to what extend women discharging from the cultural mandate of motherhood, and men meeting as fathers the process of day-to-day care, would raise the appearance of new models who travel with greater freedom and autonomy, beyond gender roles forced limits. In the first part, a review of specialized literature has provided us with the conceptual developments around women without offspring and/or free from it, as well as the construction of paternity by men who assume and claim their childre's care and nurturance. In the second part, we show the results of our field work performed through in-depth interviews revealing the experiences of women and men from their standpoint as subjects declining motherhood and vindicating fatherhood respectively. [ABSTRACT FROM AUTHOR]

Este artículo recoge una investigación realizada con el objetivo de construir una escala válida y confiable que mida el arraigo familiar de los menores cuyos padres se encuentran en trámites de divorcio cuando la custodia compartida es una cuestión disputada en el juzgado de familia. Para ello se han estudiado las propiedades sociométricas de la escala y se han relacionado sus dimensiones con la variable tipo de custodia. La hipótesis de trabajo que se plantea es que los menores en custodia compartida encuentran puntuaciones de arraigo familiar similares en el domicilio paterno y materno. [ABSTRACT FROM AUTHOR]

In Spain, progress is being made to restrict contact between aggressors and their children in cases of gender violence. However, visits and communication, even shared custody, are still granted by judges despite shared custody being prohibited in such cases by law since 2005. Under recent legal reforms, children are now considered victims of gender-based violence and their protection has become a principle of primary action by the public authorities in relation with measures such as the suspension of parental responsibility or custody or visits. [ABSTRACT FROM AUTHOR]

This paper is focused on the organization of parental responsibility after family breakdown and on its consequences for the offspring, and especially on joint custody. Therapeutic jurisprudence (TJ) is presented as an appropriate paradigm to guide the modification of laws, judicial proceedings, and the performance of practitioners conducting the cases, as it facilitates that family breakdown management leads to a positive parental co-responsibility that is centered on children's well-being. [ABSTRACT FROM AUTHOR]

The present study takes as a reference the change of Law 15/2005 in the Spanish Civil Code where the concept of shared custody was first introduced in Spain. The objective of this study is to check if a relationship exists between the results of investigations with an empirical base and the judicial decision when considering the effects that shared custody produces in children. With that objective in mind we carried out a qualitative analysis of the investigations related to joint custody consequences, both at national and international level. Then, after carrying out an analysis of the jurisprudence of the Spanish Supreme Court from 2005 to 2015, we compared the results of the investigations with judges' decisions. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Ciencias Sociales (13159518) is the property of Revista de Ciencias Sociales de la Universidad del Zulia Venezuela and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Azarbe is the property of Servicio de Publicaciones de la Universidad de Murcia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Educación y Humanismo is the property of Universidad Simon Bolivar and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The study is about the STC 185/2012, which asserted the unconstitutionality the «favorable» term as a prerequisite of the report of the Public Prosecutor which the legislator established so the judge could impose the joint custody of the children by their parents separated when they disagreed among themselves for that type of custody. The unconstitutionality declared is twofold: because such regulation violated the principle of jurisdictional reservation in favor of the judges and courts proclaimed in the art. 117.3 CE, and because it quite the right to effective judicial protection guaranteed in the art. 24.1 CE. The decision has a dissenting opinion signed by four judges, which denies such studs: on the one side, taking as examples some legal determinations envelope whose constitutionality is no doubt and, that consequently warrantee the questioned regulation; on the other side, and above all, founding that his trial constitutional conformity in the Court's doctrine about the notion of «normative density», which covers the legislator to regulate detail matters. The comment aims to demonstrate that the examples that are compared in the dissenting opinion declared unconstitutional regulation are not comparable to this, and that such a constitutional doctrine about the «normative density» was not applicable either to the same. So the impossibility that the judge imposed the shared custody of children in case of disagreement of the parents about it if the report of the Prosecutor was opposite (or simply neutral or non-existent) was, indeed, non-conforming with the jurisdictional exclusivity of the judges and violated the right to effective judicial protection at stake in such cases [ABSTRACT FROM AUTHOR]

Copyright of Justicia (0124-7441) is the property of Universidad Simon Bolivar and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Since the last divorce act (15/05) that formally allows the shared custody for children caring after parental break up, there have been many discussions on this subject. Discussions appeared in articles and commentaries from different authors on both the concept and the benefits for this custodian option. With an opinion study, we would like to know how they define, defend or deject the shared custody. With the results of different operators a comparative study is developed to establish similitude and differences for shared custody concepts. [ABSTRACT FROM AUTHOR]