Analysis of the attributions of guardianship and child custody in judicial rulings

Abstract

Given the significance on the lives of children in­volved in the processes of separation or divorce of their parents, the attribution of custody and child custody is determined in Spanish jurisprudence by the supremacy of the greater interest of the Child. Are still rare in our environment studies of judicial decisions on the powers of the custody of children. In order to analyze the judgments in separation or divorce ad litem by the family courts, a protocol was drawn to publicize in this study reasoning about the attribution of the custody, and regulatory measures among parts issued by the courts and for explaining the evolution of shared versus sole custody in the period 2007-2013 in seven courts in Barcelona city. The results revealed evidence that all the sentences analyzed were motivated, showed an increase in favor of the attribution of joint custody and a de­crease in sole custody attributed in favor of the mother in that period.