Disproving unfounded rumors that can harm thousands of families is a key task in a society in which the excess of information and the speed with which it is shared sometimes leads us to take for granted absolutely untrue data.
This is what has recently happened with a message vitalized as a result of the World Day against Gender Violence, in which it is claimed that mothers keep custody of the children in 90 percent of divorce cases. Nothing could be further from the truth.
That is why from this space we thank Newtral for its work in denying this and other hoaxes, and we thank its team for having trusted our comments and experience to illustrate an interesting article, which you can read here.
Shared custody in Spain: the desirable solution, according to the Supreme Court
As this article reports, based on data from the National Statistics Institute (INE), on average, between 2013 and 2020 – the only data available – the mother was left in charge of the children in 66 percent of the cases.
Moreover, in 2020, custody was agreed for the mother in 54.4 percent of divorces with children, which shows us that this trend toward shared custody is on the rise.
Proof of this is that, while in 2013 custody was awarded to the mother in 72.2 percent of cases, in 2020 that percentage fell to the aforementioned figure.
At the same time, shared custody increased from 17.93 percent to 41.35 percent.
There is a key fact that supports this trend, as we explain in the article: the ruling issued by the Supreme Court in 2013 (with some previous precedent, such as its 2011 ruling), which made it clear that shared custody “shall be considered normal and even desirable”.
We collect our interview for Newtral: “In statements to Newtral.es, Elena Crespo, family lawyer, corroborates that it is not true that custody is almost always given to mothers. “It is necessary to study each case and the circumstances of this one, as the labor situation of the parents or the age of the children”, adds the expert.
Crespo explains that “the criterion of the Supreme Court is shared guardianship, unless one of the parties proves that they cannot take care of the child”.
One of the rulings that brought about a change in the jurisprudence of this figure is the Supreme Court Ruling 5641/2013.
In this ruling, it is established that shared custody “will have to be considered normal and even desirable”.. The lawyer affirms that shared custody is becoming more and more common, as confirmed by the INE data already mentioned. “Parents who separate tend to be younger and younger and their children are younger, so in many cases they opt for progressive custody,” adds Crespo. This means that, in their early years, the son or daughter remains with the mother and, progressively, custody is opened up until it becomes shared.” If you need help in a case related to child custody, contact our team of lawyers: we are at your disposal to find a lasting and tailor-made solution, always based on dialogue and understanding between the parties..
