Template-Type: ReDIF-Article 1.0
Author-Name: José Manuel Jiménez Cabello
Author-Name: Diego Becerril Ruiz
Author-Name: José Manuel García Moreno
Title:  Variables sociales y asignación de la custodia en España: similitudes y diferencias regionales. Los casos de Andalucía y Cataluña.
Abstract: Resumen:Hasta el momento las investigaciones sociológicas y demográficas
relativas a la asignación de la custodia se han realizado, principalmente, de
forma cuantitativa. La presente investigación se centra en comprobar para el
caso español y, concretamente las Comunidades Autónomas de Andalucía y
Cataluña,  desde una perspectiva
cualitativa si determinadas variables de carácter sociológico, presentes en
esos estudios, influyen en la asignación de la custodia después del divorcio en
matrimonios heterosexuales. Los datos provienen de la aplicación de la técnica
de la entrevista semi-estructurada analizados mediante el análisis de discurso.
Los hallazgos principales confirman que estas variables inciden
significativamente en la asignación de la custodia de los hijos, siendo los
aspectos legales y económicos, la existencia de legislación autonómica, el
acuerdo o desacuerdo, el número de hijos y la edad de los cónyuges los factores
decisivos.  Abstract:
The
assignment of custody after the divorce of heterosexual marriages has been
analyzed by various disciplines such as law, piscology or sociology.
Specifically, with respect to the latter, the investigations related to the
social variables that influence the allocation of custody have been carried out
mostly quantitatively. This causes, that in many moments the complexity of the
analyzed social phenomenon is not captured. In Spain, in recent years the
empirical analysis about the allocation of custody, and specifically the
variables that influence the assigned modality of the latter, has increasingly
gained presence. 
However,
in the international arena, decades ago, custody of children after divorce is
being studied, identifying several variables associated with the final sentence
sentenced: age of the couple's members (Juby, Le Bourdais and Marcil-Gratton,
2005; Cancian and Meyer, 1998), the number of children (Maccoby and Mnookin,
1992; Teachman and Polonko, 1990; Chausseborg, Carrasco and Lermenier, 2009),
the existence of consensus or conflict (Jousselme, 2008), the importance of the
legal aspects (Solsona et al., 2016) and, finally, economic and labor aspects
(Donnelly and Finkelhor; 1993; Cancian and Meyer, 1998). This set of variables,
analyzed and contrasted in various countries such as Sweden, France and Spain,
influences the custody modality assigned. Although, all the referred studies
have been elaborated, as mentioned above, using quantitative methodology. 
In
addition to the variables that influence the modality that is assigned, in the
case of Spain, a rather interesting peculiarity is observed: some Autonomous
Communities have pioneered the recognition and consideration of aspects of
civil family law, legislating the Shared custody and custody regime.
Specifically, there are five Autonomous Communities (Aragon, Catalonia,
Navarra, Valencian Community and the Basque Country). Many others have
expressed their intention to regulate this matter, such as the case of Galicia
or the Balearic Islands. Indicate that at the national level, in two different
stages, he raised the possibility of regulating custody, including in some way
shared custody as a more recurrent modality than it currently constitutes,
something that did not come to fruition at any of the referred times . 
This
causes two sets to be observed, those that have their own regulation and those
that do not, with significant differences from each other as well as it can be
observed in the historical series of the Nullity, Separation and Divorce
Statistics (ENSD, INE). Shared custody, for example, in those Autonomous
Communities with its own regulation 35% for 20% of those who do not have it, a
difference to be taken into account. Precisely the two facts indicated so far,
the lack of studies from a qualitative perspective and the existence of
specific regulations of certain CC.AA, which leads to establish the general
objective of this research: to know if it is confirmed that the social
variables detected and reviewed in quantitative investigations influence the
allocation of custody and if there are differences / similarities between
Andalusia and Catalonia. The fact of selecting these two CC.AA resides in two
criteria: 1) the percentages of the different custody modalities assigned are
quite different and 2) Catalonia has its own regulation unlike Andalusia. 
The
methodology used is qualitative, using semi-structured interviews with mothers
and fathers divorced with children in Andalusia and Catalonia. The participants
were selected based on three criteria. The first is that they had children in
common and were divorced. The second lies in the type of custody they had of
their children. As a third aspect, CC.AA of origin. For this last criterion,
two Autonomous Communities were selected, depending on the existence or not of
their own custody legislation and with significant differences in the
percentages of assigned custody modalities, Catalonia and Andalusia. The
sampling was intentional, being the final sample of 18 participants
(interviewed). In all cases, the interviews were conducted in person,
personally and separately, thus avoiding the occurrence of any type of
information bias. They all resided in the same city. Regarding the technique
used to analyze the interviews, the discourse analysis has been selected. The
Atlas.ti tool has been used. The analysis presented has allowed us to obtain a
deep and broad vision of what kind of variables affect the allocation of
custody in Spain, opening various lines of study for future research. 
The
main conclusions are that most of the participants in this study assumed and
highlighted the importance of these variables in the custody modality assigned,
without observing differences between Andalusian and Catalan residents, with
the exception of legal aspects. In reference to the latter, specifically, the
importance of the existence of legislation on family law that regulates custody
allocation processes is evidenced. The testimonies of the majority of parents
interviewed lead to this conclusion, pointing out how in those autonomous
regions with their own regulation it is more likely to obtain joint custody. In
addition, it is concluded, according to what was stated in the interviews, that
the current national law seems to contribute to the role of the woman-mother /
caregiver. As for the other variables analyzed, there seems to be no difference
between these Autonomous Communities, the age of the members of the couple, the
number of children, the existence of consensus or not, and the economic and
labor factors help explain why Assign one type of custody or another. 
Conclude, therefore,
that there are no differences, between Andalusia and Catalonia, in the
different blocks analyzed except for one: the existence of own regulation. This
seems to be established as the determining factor of the differences in the
quantity and distribution of the different custody modalities assigned. In this
way it is concluded that, from a qualitative perspective, they continue to be
decisive in the understanding and understanding of the assignment of one model
or another.
Classification-JEL: R1
Keywords: Divorcio, Custodia, Análisis cualitativo, Matrimonio, Legislación, Consenso de Washington, Divorce, Custody, Qualitative, Marriage, Regional Sportive Legislation, Consensus
Pages: 45-72
Volume: 2
Year: 2022
File-URL: http://www.revistaestudiosregionales.com/documentos/articulos/pdf-articulo-2631.pdf
File-Format: Application/pdf
Handle: RePEc:rer:articu:v:2:y:2022:p:45-72