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5 things you need to know about Shared Custody in Spain


The custody Shared custody in Spain is a type of custody granted in case of divorce. In such cases, the parents have the same obligations, conditions and rights regarding the care of the children. In contrast to single-parent custodyThe child's custody, which is attributed to one of the parents - the other parent having the right of access and the right to stay.

Throughout this article we will share with you five fundamental aspects you should know if you find yourself in a situation of joint custody in Malaga.

Types of joint custody in Spain

There are different types of joint custody, depending on whether the children live at home and how much time they spend with the parents. 

Shared custody with change of residence of the child

The parents will have their own home and the children must move out within the agreed period.

Shared custody without change of residence of the child

In this case, the children remain in the same household and the parents take turns according to the agreement.

Coexisting joint custody

The parents live at the same address with the child.

joint custody IN SPAIN

Requirements for joint custody in Spain

Some of the minimum requirements to obtain joint custody in Malaga are:

  • That the joint custody agreement do not harm the child.
  • Equal participation of the parents, prior to the break-up, in the upbringing and education of the child.
  • Each parent should support the decisions made by the other parent with regard to the child, in order to provide the child with emotional stability.
  • Short distance between parents' homes.
  • The parents, in case of disagreement, should pass a psychological expert report and it will be up to the judge to decide whether or not joint custody should be adopted.

It is important to specify that, depending on each case, other requirements may be assessed during the process to achieve joint custody.

When can I apply for joint custody?

The shared custody regime can be requested by the parents during the separation or divorce proceedings (or proceedings for parental measures in the case of unmarried parents). The approval of the judge is essential, who will obtain a report from the Public Prosecutor's Office, will listen to the children (if they are over 12 years of age or are sufficiently mature), if applicable, and will assess the following aspects before granting it:

  • Past practice of the parents in their relations with the child.
  • The personal skills of the parents.
  • The wishes expressed by minors.
  • The number of children.
  • The fulfilment by parents of their duties in relation to their children.
  • Mutual respect in their personal relationships.
  • The outcome of the legally required reports. 
  • Any other circumstance that allows children to live an adequate life.

Disagreement between parents on shared custody

When one of the parents requests joint custody but the other party does not agree, the judge may agree on joint custody when he/she considers it is in the best interest of the child (Art.92, Civil Code).

... the wording of Article 92 does not lead to the conclusion that this is an exceptional measure, but on the contrary, should be considered normal and even desirable, because it allows the children's right to relate to both parents to be effective.even in crisis situations, whenever and as long as this is possible.

Judgment of the Supreme Court of 29 April 2013

Alimony and joint custody

Shared custody does not automatically eliminate child support and the judge can establish it when one of the parents lacks resources or there is a significant difference between the income of both parents.

Do I need a lawyer to arrange joint custody in Spain?

The aforementioned procedures require the advice and intervention of a lawyer in order to request and process joint custody judicially and achieve the best possible result. At Ódice Abogados, family law firm in Spain, we advocate joint custody as long as the conditions are in the best interests of the children.

If you find yourself in this situation, contact us and we will evaluate your case in order to initiate and process your joint custody.

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