After a separation or divorce, one of the most sensitive issues is determining who will have custody of the children. Increasingly, Spanish courts are opting for shared custody, a model that aims to balance the roles of both parents while prioritizing the well-being of the children.
But how is shared custody decided? Can it change over time? At Legal Allies, we’ll guide you step-by-step—no legalese, just clear advice.
What is Shared Custody?
Shared custody is a legal arrangement in which both parents share custody rights, alternating physical residence of the children in a balanced manner. This doesn’t always mean a 50/50 split of time, but it does involve joint responsibility for upbringing, education, and major decisions.
This differs from sole custody, where children live mainly with one parent and the other has visitation rights.
When Is Shared Custody Granted?
Shared custody can be granted in two ways:
- By mutual agreement between the parents, formalized in a custody agreement and approved by a judge.
- By court order, if the judge believes it’s in the child’s best interest.
The main legal reference is Article 92 of the Spanish Civil Code, which states that the child’s best interest is the paramount criterion for custody decisions.
What Factors Does the Judge Consider?
Judges evaluate several elements, including:
- The emotional bond between the child and each parent.
- The ability and availability of both parents to care for the child.
- The proximity of the parents’ homes.
- The history of involvement in the child’s daily life.
- The child’s age and specific needs.
- The child’s opinion, if they are mature enough to express it.
In some cases, the court may request a report from the court’s Social-Psychological Team to analyze the family dynamics.
Can Shared Custody Be Denied?
Yes. While this model is encouraged, it’s not automatic. A judge may reject shared custody if:
- One parent has a history of domestic violence.
- One parent is unwilling to actively participate in the child’s care.
- There are behaviors that could negatively affect the child’s well-being.
How Can Shared Custody Be Modified?
Shared custody is not set in stone. It can be revised if there is a substantial change in the family’s circumstances. To request a modification, you need to:
- File a motion to modify custody with the court.
- Demonstrate a significant and lasting change, such as:
- One parent moving to a different location.
- Changes in work schedules.
- Conflicts affecting the child’s stability.
- New or evolving needs of the child.
The request can be filed jointly or by one parent if no agreement exists.
How Can Legal Allies Help?
At Legal Allies, we understand that every family is unique. That’s why we offer tailored legal advice to help you:
- Draft or review your custody agreement.
- Request shared custody in court.
- Legally modify your arrangement if your circumstances change.
- Get legal guidance in your own language, thanks to our multilingual team.
- Access templates, legal forms, and practical guides.
Whether you’re a mother, father, guardian, or involved family member, we’re here to support you at every step with empathy and legal expertise.
Shared custody aims to protect family balance after a breakup, always keeping the child’s best interests at heart. It’s a flexible model but requires commitment, communication, and sometimes judicial involvement.
Have questions about your current arrangement or need to change an existing agreement? Legal Allies is here to help—with a clear, human, and legally sound approach.
