La custodia compartida y el derecho de las Personas con Discapacidad a formar una familia. Comentario a la SAP de Córdoba n° 201/2021, de 24 de febrero de 2021.

The Judgment of the Provincial Court of Córdoba (SAP Córdoba) of February 24, 2021 confirms that of instance regarding the attribution of shared custody of a minor born from a non-marital relationship, despite the opposition of the parent who requests the guardianship and custody, alleging that the disability suffered by the mother prevents her from taking care of her daughter. For the Chamber, there is no conflict of interest between the rights of the minor and that of the mother, recognized in Article 23 of the CRPD, as it makes it clear that the best interests of the minor daughter must always prevail. With equal forcefulness, it resolves that the existence of a disability in one of the parents is not per se sufficient reason to deny the custody of the minor, but rather that all the circumstances must be assessed together to make a decision. [ABSTRACT FROM AUTHOR]