Single-Parent Custody on the Way to Transition to Shared Custody in Mexico

Based on the child’s best interest, this article proposes the importance of recognizing the reasons why the change from preferential single-parent custody to shared custody should be carried out as a preferential regime in Mexico. The approach of this study focuses on three fundamental aspects to consider: First, it is based on the child ́s best interest and the main criteria that support shared custody: On the one hand, the right to coexist with both parents and, on the other, the duty of parenting that belongs to father and mother in equal circumstances. Second, there are some exceptions to consider, in the assignment of shared custody is preferred. Third, an analysis of Mexican legislation is presented in relation to the concepts of single-parent and shared custody, which allows us to observe the legal situation of both modalities. Finally, it concludes with the benefits of carrying out the transition from single-parent custody to prefer shared custody in Mexican legislation