Joint custody (Spain)

In Spain, joint custody, known as custodia compartida, refers to the legal arrangement where both parents share equal or near-equal rights and responsibilities in raising their children after a separation or divorce. This encompasses decisions related to the child's education, healthcare, religious upbringing (if any), and general welfare. Critically, it also involves sharing the child's physical residence, typically according to a predetermined schedule.

Prior to legal reforms, sole custody (usually granted to the mother) was the norm in Spain. However, the trend has shifted significantly towards joint custody, driven by the understanding that it generally benefits children to maintain close relationships with both parents.

The Spanish Civil Code (Código Civil) prioritizes the welfare of the child in custody decisions. Article 92 of the Civil Code outlines the conditions under which joint custody can be granted. While theoretically the standard, it isn't automatically awarded. Judges evaluate various factors to determine if joint custody is in the child's best interest. These factors include:

• The willingness of both parents to cooperate and communicate effectively: The ability to reach agreements and put aside personal differences is vital.

• The child's wishes: Depending on the child's age and maturity, their opinion may be considered.

• The relationship between the child and each parent: The court assesses the quality of the bond and the ability of each parent to provide care.

• The geographic proximity of the parents' residences: Closer proximity facilitates easier transitions and more frequent contact.

• The parents' schedules and lifestyles: Consistency and stability are important considerations.

• Any history of domestic violence or abuse: A history of abuse by either parent will typically disqualify them from receiving joint custody.

If the judge determines that joint custody is not in the child's best interest, sole custody will be awarded to one parent, with the other parent typically granted visitation rights. The specific terms of the custody arrangement, including the visitation schedule, child support obligations, and decision-making responsibilities, are outlined in a court order. Child support is often still required, even with joint custody, if there is a significant disparity in the parents' incomes.

The implementation and interpretation of joint custody laws can vary across different regions of Spain, as each autonomous community has some degree of legislative autonomy.