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The child’s welfare as a criterion for deciding custody

When there is a divorce involving children one of the main issues to be addressed is custody of the minors in question. So, the main topic to consider is: in a case of this type, what is the criterion to be taken into account by the Judge?

As established in the Civil Code of Catalonia in a guardian issue, the criterion that should prevail is that of the child’s welfare. In other words: the decision must be taken according to what is most appropriate for the child.

This fact has two aspects that are absolutely transcendent to deal with:

On the one hand, the constant and permanent prevalence of putting the interest of the minor or the child at the forefront, this must in practice provoke personalised answers on the part of the Judge. In other words, it is the judge who, according to each case in particular, will determine not only the fact that the guardian is responsible, but also all other parameters (visits with one or the other or absence of visits, etc.).

And on the other hand, the prevalence of the interest of the child takes preference even beyond the agreement between father and mother. Even in cases of mutual agreement, if the judge considers that the interest of the child or the agreement between the parents is not in the child’s best interest, he can dictate what he deems appropriate.

by Maxima