In Spain and with the impulse of the Minister of Justice Alberto Ruiz-Gallardon, shared custody will be approved in the case of divorces. The reactions to the proposal have not been delayed and Women's Associations and the PSOE have indicated that joint custody imposed by the judge will harm the child. And it is that the judge may impose it even if the parents are against it.
The numbers are significant and in 2012, the Spanish courts registered more than 127,000 separations. further in 81% of cases care is granted to mothers, while only 12% of custodians are shared. And, so far, only this formula was contemplated (article 92 of the Civil Code) if there was an agreement between the parents or exceptionally if one of them claims it and there is a favorable tax report.
I think that the work of the judges is very difficult although if the father and the mother are good parents it does not seem reasonable that even if they want to divorce the children they are harmed and lose the opportunity to be with both. It seems to me that children are often used as human shields to harm the other member of the couple and perhaps over time these children may have other disorders, unwanted behaviors or attitudes to life that are not too orderly.
Nor do I understand that the responsibility for education rests almost exclusively with mothers when their time dedicated to work is likely to reduce their ability to dedicate themselves to the education and training of their children.
In any case, what should prevail is that the kids can always have the environment, the love and dedication of their parents and perhaps shared custody may be a way to achieve it, although it seems to me that this Law will still give much to talk about and a large number of comments for and against.
