Joint custody in Spain: the criteria courts consider

Joint custody has become one of the most common questions in divorces with children in Spain. Is it the preferred option? What needs to happen for a judge to grant it? Here are the criteria the courts apply and how to prepare for it properly.

What joint custody is

Both parents live with the children for alternating periods (weeks, fortnights or other splits) and share their day-to-day care in a balanced way. It does not mean the split must be exactly 50%, but that both take on an active and similar role.

What the case law says

The Spanish Supreme Court has stated that joint custody is the normal and desirable arrangement, because it allows children to maintain a relationship with both parents, provided it is possible and beneficial for the child. The deciding criterion is the best interests of the child, not those of the parents.

Criteria judges consider

• Previous practice: who has handled day-to-day matters until now (school, doctors, meals, activities).
• Each parent’s abilities and availability: working hours, family support.
• The children’s wishes, especially if they are mature enough (usually from 12, although younger children may be heard).
• Number of children and their ages.
• Distance between homes: living in the same town makes things much easier. Between Albacete and Villarrobledo, for example, school and travel are decisive.
• Relationship between the parents: they do not need to get on well, but a minimum of respect and ability to communicate about the children is required.
• Reports from the court’s psychosocial team, if requested.

When it is not granted

It is not granted if one parent is subject to criminal proceedings for an offence against the life, physical integrity or freedom of the other parent or the children, or where there is well-founded evidence of domestic or gender-based violence.

Family home and child support

• Home: with joint custody there is no automatic allocation. The court considers which parent has the greater need and often sets temporary use followed by sale or division.
• Child support: there may be none if both parents earn similar amounts, but if there is a significant income gap, the higher earner usually pays support to the other. Shared expenses (school, clothes, extracurricular activities) are split in proportion to income, often through a joint account.

How to apply for it

• In an uncontested divorce, it is agreed in the settlement agreement.
• In a contested case, it is requested in the claim or the defence, with a detailed parenting plan: schedules, handovers, holidays, school.
• If you already have a judgment granting sole custody, it can be requested through variation proceedings if circumstances have changed.

International families should also consider which country’s courts have jurisdiction, usually those of the child’s habitual residence.

How we help

We analyse your family and work situation, prepare a realistic parenting plan and defend the custody arrangement that best protects your children, by agreement or before the courts of Albacete or Villarrobledo. We can assist you in English.

Frequently asked questions

This article is for information only and does not replace professional advice on your specific case. It refers to Spanish law.