El interés del menor en la custodia compartida

Abstract

The work of investigation has made an analysis of the interest of the minor in the shared custody, from the interpretation that offers article us 92 of the Civil Code, modified Law 15/2005, of 8 of July.In reference to the used methodology, it prevails the jurisprudencial and doctrinal analysis of the subject, as well as one has resorted to the comparative method for the study of texts, sources and authors.The work begins with the exploration of the content of the exercise of the mother country power in situations of familiar crises and the alternatives that its exercise offers, soon, we studied the legal figure of the guard and custody, and its modalitiesWe dedicated the second Chapter to the analysis of the shared custody, his antecedents and relation with other legal figures as the right of visit, its admission in the Spanish legislation, its regulation in Law 15/2005, of 8 of July, and its contradictions. In the third Chapter, we studied the modalities of the shared custody and the criteries that must be taken care of for their application.The last one Chapter approaches the interest of the minor. In the first part, is its content in the legislation from the protection the minor. Finally, in the second part of this Chapter, the interest of the minor is approached as main critery of attribution of the shared custody.