CUSTODIA COMPARTIDA DE LOS PROGENITORES: CASOS DE PROCEDENCIA E IMPROCEDENCIA. ANÁLISIS JURISPRUDENCIAL.

Abstract

Shared custody of children is granted according to the principle of favor filii, since children may not be used as the object of or an instrument for matrimonial conflict. The Civil Code fails to establish a list of criteria, as does the rest of legislation. Therefore case law insists on the need for the stated grounds for any such conclusion to name the essential reasons why such a conclusion was reached, so as to show that shared custody is indeed in the child's best interest.