The Guadalajara Provincial Court has granted joint custody to one parent, stating that it is not an obstacle to granting it that he has to spend one day away from home. The sentence was issued on March 3, 2020 (61/2020).
Previously, the Guadalajara Court of First Instance had refused in the divorce proceedings to establish a system of shared custody by both parents of their children because of uncertainty regarding the father's travel schedule for work purposes and his overnight stays away from home.
However, the Provincial Court revoked the judgement and considered that shared cohabitation was in the best interests of the children. The fact that the father, for work reasons, has to spend some days away from his home is not an obstacle to its concession.
According to the certificate of the company where he works, he has the flexibility to schedule his trips or visits in advance, and there is no evidence that he cannot do so during the week when he does not have custody of his children. Therefore, he can combine his work obligations with the exercise of custody of the children. Read more
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