The Ministry of Justice will amend the Civil Code to allow judges to establish joint custody if it is in the benefit of the child
The ministry of justice, Alberto Ruiz-Gallardón, today announced at the Congress of Deputies appoint a Commission of Codification of the Civil Code amendment, which should be ready in six months, so that Article 92 ceases to contemplate the exceptional nature of joint child custody in cases of separation and divorce.
in this sense, it would be the judges, in view of the circumstances of each case, who determine what is "the most effective way to meet the need of the child to have the presence of their parents". That is, the judges must decide whether custody alternating between parents or a single parent, and the period that must remain each with the child, always depending on the advice your child's interest. Currently, joint custody is granted only if both parties agree or, in the case that only one request, if it receives the favorable report of the prosecutor.
In an interpellation to the Government raised by UPyD, the Minister explained that it is the responsibility of the executive keep abreast of the changes occurring in society, which include those experienced in the structure of Spanish households in which parents share responsibility equally. Article 92 of the Civil Code "still accuses the legacy of these rigidities of the past" and "ignores the principle of shared responsibility," said the minister. In his opinion, the language should also evolve to "parental responsibility or shared responsibility" rather than patria potestad and instead of guardianship and custody to "cohabitation of parents with their children."
Ruiz-Gallardón has made a review of the laws of some regional governments to ensure that, as marking the Constitution, the Government will legislate in order to ensure a "single and national" la exists in this aspect, depending on the commitment it made in its program the PP election and that he acquired in his appearance before the Justice Committee on 25 January.