Joint custody
In this article, we offer you a comprehensive guide to joint custody.
What is joint custody?
Joint custody is a custody arrangement in which both parents have equal responsibility for the care and upbringing of their children. Unlike sole or single-parent custody, where one parent assumes most of the care, joint custody seeks to strike a balance between both parents in the care of the child.
Types of custody in Spain
Joint custody
Joint custody is the option in which both parents actively participate in the upbringing and daily care of their children. In this type of custody, the time each parent spends with their child is equal and adapted to the parents’ personal circumstances. This does not mean that the children live exactly half the time with each parent, but rather that a balance is sought that is adapted to the needs of the family. For example, joint custody may be arranged so that the children spend 60% of their time with one parent and 40% with the other.
Sole custody
Sole custody is assigned to one of the parents and means that the child lives mainly with that parent, while the non-custodial parent retains visiting and communication rights, which generally consist of a midweek visiting arrangement and two weekends per month with overnight stays. This is the traditional arrangement and is still widely used in Spain, especially when there is conflict between the parents.
Differences between guardianship, custody and parental authority
Parental authority and guardianship and custody are two concepts that affect the care of minors but intervene in two different areas. While parental authority refers to the rights and duties of parents in relation to their minor children, guardianship and custody refer to the responsibility they have for the daily care and upbringing of their children.
Parental authority would include, for example, the right to have custody and care of the children, the right to make important decisions in the children’s lives (e.g. regarding their health, education, religion, etc.), the duty-obligation to provide the children with food, housing and education, as well as the right-duty to make legal decisions on behalf of minor children (e.g. accepting an inheritance). Guardianship and custody, on the other hand, refer specifically to the responsibility of caring for and raising children on a day-to-day basis.
In Spain, with some exceptions, parental authority is shared between both parents. However, a court could determine otherwise and decide that a parent should be deprived of parental authority, for which they must seriously breach their parental duties, put the child’s safety at risk – through behaviours such as alcoholism or drug addiction – be convicted of a criminal offence, abuse the child or the other parent, have a mental illness or disability that negatively affects the well-being of the children, or even in cases of repeated absence of the parent from the daily care of the child.
The fact that a parent is deprived of parental authority does not mean that the obligation to provide maintenance for the child disappears, nor does it mean that the parent-child relationship is terminated, as the legal duty to care for the child remains.
Requirements for joint custody
In order for joint custody to be viable, judges usually assess:
That the homes are close together so that travel does not affect the child
One of the most important requirements is that both parents establish their residence nearby. This avoids long journeys that could affect the child’s home and school routine, extracurricular activities and rest. The case law of each area will have to be consulted to determine whether this requirement is met.
That both parents have adequate space for the child
Every parent should have a safe and suitable home so that their children can live comfortably. This includes enough space for the child to have their own room and a stable environment in which to study and rest.
No domestic violence
If there is a history of physical or psychological violence or abuse, joint custody is not usually granted. The absolute priority of judges is to protect the safety and well-being of the child.
Both parents must be available
Each parent must be able to devote sufficient time to caring for the child.
If one parent has a job that prevents them from adequately caring for the child, this may influence the court’s decision.
Other factors include the children’s opinion (depending on their age and maturity), parenting ability and emotional stability.
Frequently asked questions
Joint custody should be reconsidered if it affects the logistics and well-being of the child.
Depending on their age, judges may take their opinion into account as long as they are sufficiently mature. From the age of 12 onwards, their opinion is fundamental.
It is adjusted according to CGPJ tables based on the parents’ income, standard of living and time spent living together. In cases where joint custody is established, no maintenance is set, except in exceptional circumstances.
Since the entry into force of Organic Law 1/2025, yes.
Yes, provided there are significant changes in family life that affect the child.
Joint custody is a way of ensuring that children grow up in a balanced environment, maintaining a relationship with both parents. Having solicitors who specialise in family law ensures that the process is handled correctly, respecting everyone’s rights and always prioritising the best interests of the child.
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