Marriage dissolution of same-sex couples: to whom is custody of the children attributed?
DOI:
https://doi.org/10.7458/SPP20229819584Keywords:
divorce, rupture, same-sex marriage, custody, childrenAbstract
After the implementation of Law 15/2005, there are quite a few same sex couples who have married. After 15 years, many of them have dissolved, which means that many others have been involved in child custody allocation processes. This article aims to know how custody modalities are distributed after the divorce of same-sex marriages and what social variables influence them. For this, quantitative methodology is applied, using, specifically, the Statistics on Annulments, Separations and Divorces (INE) and applying descriptive and multivariate analyses. It is concluded that shared custody is an upward modality after the dissolution of these marriages, surpassing since 2016 the exclusive modality. In addition, variables such as the possession of dependent minor or elder children, the existence of the custody law of each Autonomous Community, the age of the spouses and the judgment of the sentence, are variables that influence its modality.
Downloads
Published
Issue
Section
License
Authors who publish in this Journal must agree the following terms and conditions:
- Authors retain copyright and grant the Journal the right to first publication, while simultaneously agreeing to a Creative Commons Attribution License, which allows others to share their work on condition that they cite the original author(s) and recognise that the latter’s work was first published in this Journal.
- Authors are authorised to enter into additional contracts separately, for non-exclusive distribution of the version of the work that is published in this Journal (e.g. publication in an institutional repository or as a book chapter), subject to recognition of initial publication in this Journal.
