Joint custody of minor children after separation and divorce: implementation, legislative changes and jurisprudential developments of the fundamental aspects of the regime in force in Spain Cover Image
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La custodia compartida de los hijos menores tras la separación y el divorcio: implantación, avatares legislativos y evolución jurisprudencial de los aspectos fundamentales del régimen vigente en España
Joint custody of minor children after separation and divorce: implementation, legislative changes and jurisprudential developments of the fundamental aspects of the regime in force in Spain

Author(s): Angel Acedo Penco
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: joint custody; minor children; separation; divorce; Spain;

Summary/Abstract: One of the coexistence modalities provided by law for the relationship of parents with their children once the separation or divorce has taken place is the figure of joint or joint custody, established in Spain just over three decades ago. The institution, contained in a single provision of the Civil Code, has had various vicissitudes and successive legislative reforms, although it has been its sparse legal regime that has led to a large jurisprudential doctrine that has been outlined, with great success, the configuration and application by joint custody courts. These pages address the essential aspects of the implementation of this legal regime and the decisive interpretation that the Supreme Court has been making of the figure analysed.

  • Issue Year: 2022
  • Issue No: 1
  • Page Range: 27-48
  • Page Count: 22
  • Language: Spanish