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The Supreme Court granted custody of a minor to his aunt and establishes a progressive regime for parent visits

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The Supreme Court granted custody of a minor to his aunt and establishes a progressive regime for parent visits

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The Civil Chamber of the Supreme Court, in Case number 492/2018, He attributes the custody of a minor to his paternal aunt, I took care of it before the death of her mother 2012, and establishes a progressive regime for parent visits, allowing her daughter to suit your environment, to assess whether regains custody.

El tribunal explica que en estos momentos la convivencia con la tía es lo más beneficioso para la menor which has in it "its main reference, which advises maintenance reportedly issued ". For judges is the best solution "at least until the situation is reconduzca, as it would be desirable, from greater father's relationship with his daughter, which should lead, but what, Under no circumstances can reference a specific date, assuming that after a transitional period things will be otherwise”.

Context

En esta sentencia, judges resolve the case brought by the girl's aunt and sister of the father who filed a lawsuit requesting the custody of the child, then was five, with the argument that had taken over her since her mother fell ill until his death. The girl's father objected and, besides denying that she had neglected her daughter, He claimed he was able to take over, although he had not seen in recent months to stop her sister.

The Court of First Instance No. 2 de Motril dio la razón a la tía to be as beneficial to the girl and set a progressive regime for parent visits established in the study report. Por su parte, la Audiencia Provincial de Granada se la otorgó al padre and it established a transitional system allowing Aunt continue custody until the beginning of this school year. The main argument of the judgment was the lack of legitimacy of the relatives of a child to have his custody when a parent dies in this case the mother- while the other parent has custody.

Ahora la Sala afirma que no comparte el criterio de la sentencia recurrida as, on the one hand, dispenses to analyze whether the circumstances are consistent with the overall development of the child and the impact will mean the recovery of custody by father, taking into account their age and time spent living with his paternal aunt, with which the judgment itself recognizes that it is perfectly integrated.

Regime "progressive" for parent visits to assess if he regains custody

"The lower, en definitiva, has been, and still, a stable and secure environment with her aunt which has enabled the creation of very different emotional links which exist with his father, as it has shown the evidence examined, expressive of the inability of the surviving parent to properly care for the child, given its age, their work and other family responsibilities, regardless of his daughter ", concluye el tribunal.

The Chamber says that the father's rights are adequately protected with visits and communications, from fixed and progressive system it is aimed at "full adaptation of the child to parental environment and to agree, in their view, the possible reinstatement in the custody of the father ".

The integration process that protects the lower, explains Hall, debe abordarse desde la situación actual Aunt “as indeed guardadora and interest of the child” and not from the condition biological father parental rights holder, at least until the change consolidate, “to avoid harming the girl”.

The interest of the child, añade el tribunal, does not create or extinguish by itself own relationships of parental authority, pero It used to configure certain situations, as raised in this case, "Given that the regulation of the duties and powers set parental authority is designed and oriented to benefit children, y que, right now, who holds exclusive, by the death of the mother, It is not able to effectively do one of the measures that integrate, as is the custody of the daughter ".

 

 

 

 

 

 

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