The Valencian Parliament Approved the Shared Custody
The Valencian Parliament approved the law of guardianship and custody, called “Domestic Relations Law of the children whose parents do not live.”
With this, as are three Autonomous Communities with a law with the preferred option of joint custody: Aragon, Catalonia and Valencia, each with its own specificities, because they have a statutory right to own that allows them to legislate around regional these family and social realities.
Recall that last Thursday, March 10, in the Parliament of Navarre was also approved a Regional Law on child custody in the event of rupture of the coexistence of their parents. Previously, the Council had ruled that the Navarra Navarra is competent to legislate with respect to a proposed Regional Law on joint custody.
Under the new law Valencian family relations of children whose parents no longer live together, because the parents divorce or separate, previously having been united in marriage or domestic partnership, and can not agree to a pact family relationships for her children, which must be judicially approved, the general principle is that of joint custody.
The law also provides for the situation of relatives affected by the family crisis, such as grandparents, who are entitled to maintain family relationships with their grandchildren.
Although the judge may decide discretion sole custody in the circumstances of each case.
When setting a regime of joint custody, with the “pact of family life,” overridden by the interests of the child in the allocation of housing and attend the interests of the spouse who has more difficulties to find a new home after the break, long as this interest is consistent with the child.