Often there is confusion about two very different concepts present in most legal systems such as the parental and custody over the children. You have them clear will be key to negotiations on children with your former partner. (a) parental this concept consists of a set of rights and obligations that parents have over their minor children in the face to the adoption of far-reaching decisions in his life. In other words, it’s the implication by father and mother in the decisions of feathering on the children as they could be your religious education, its submission to certain medical treatments, or destination and the management of its property assets. The legislation establishes various specific causes that could lead to the extinction of the same: the emancipation of the child (prior to the majority of age or with this), the death of parents or adoption by other people. Also points out that serious and repeated breaches on the part of the parents in relation to their duties towards their children could lead to imprisonment by a court ruling.

Ultimately, the breakup of the couple does not imply deprivation of parental authority for any of the spouses, which in this way will continue to participate in the position of equality when it comes to taking decisions and far-reaching resolutions on their children’s lives. (b) the custody and the guard to break the couple gives rise to a situation of great uncertainty in the face of the children, and that need to be resolved. We do not mean longer transcendental character issues, but the small day to day: with who have to live together, how their lives will be articulated, what will eat this day, or what clothes you should buy. These aspects could be resolved through the custody, that it will be set from this rupture through Judicial sentence, allowing the couple take few decisions might consider appropriate in connection therewith (the judge, in such cases, licences them to) through the judgment). Custody may be shared, which means an identical bonding of both parents in their children’s lives, corresponding to a distribution balanced (which does not exactly identical) of his time; or single-parent, when it is attributed to a single parent, corresponding to the other a right of visits enabling you to maintain contact with his son at preset days, preserving that yes a right to keep abreast at all times on your State and your life (remember that parental authority is not extinguished with the breakup of the relationship). Although it shared custody road is opening up gradually, the truth is that in countries like Spain is still very uncommon that judges choose to set it, being more frequent that the custody, with almost automatic character, the mother attributes. It is without a doubt of something that should change with the passage of time, with a view to greater involvement of parents in their children’s lives. Will this bring, undoubtedly impact very positive for them.

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