Shared custody is a regime whereby minor children can spend time with both parents.
The periods are fixed according to the work obligations and time availability of the parents, hence the importance of the agreement between both parents to facilitate this type of regime that favours the children.
What is joint custody?
Shared custody is one of the possible ways for minor children to stay with parents who have ended their relationship.
Article 92 of the Civil Code explains it, as well as the exceptions to its granting.
Is it the best type of regime for the children?
Here are the different factors in choosing one type of custody or another:
- The availability of the parents to take care of the children.
- The proximity of the parents' homes or a distance that can be easily travelled by one or both of them.
- There must be a good relationship between the parents and there must be no conviction for gender violence, restraining order or any other measure between them.
- Both parents must consider that this is the best option for the children, taking into account all their circumstances.
What types of custody are there?
Below, we define what types of custody exist apart from shared custody:
- Single-parent custody: this is assigned to one of the parents, with the other parent having visitation rights.
- Equal shared custody: when the periods of time spent with the children are split 50/50 between the parents.
- Split custody: custody of one of the children is given to one parent while the other parent has custody of the other.
- Custody exercised by a third party: this is for the situation in which custody has been withdrawn from the parents.
How to ask for joint custody?
The first option is that of dialogue; if you find a consensual solution, the procedure will be quicker and more agile.
Once a solution has been found, a regulatory agreement must be drawn up which, together with a lawsuit, must be presented by your lawyer in the corresponding family court.
In the event that you wish to request a modification of the regime due to a change in circumstances, you can apply directly to the court for the modification, either by means of an agreement or by means of a lawsuit in which, after assessing the new situation, the judge will decide.
Requirements for joint custody
Shared custody is not easy for the parents, nor is it easy for the children, so you will need:
- Family support that you can count on if you need it.
- Sufficient capacity to attend to them, as well as to manage difficult situations in which we may find ourselves with regard to the children.
- A smooth relationship with the other parent.
- That your working conditions allow you to combine both tasks.
- The proximity between the homes of both parents.
Psycho-social report
In situations where there is no agreement on the shared custody regime, the judge will ask for a psycho-social report so that a professional can evaluate the children and their parents, and based on this, will decree the regime that is in the best interests of the child.
Cases in which joint custody is not agreed.
Article 92.7 of the Civil Code establishes that joint custody of the minors will not be applicable when either of them is involved in criminal proceedings for assaulting the spouse or the children who live with them, nor when the judge considers that there are well-founded indications of domestic violence.
Advantages of joint custody
Joint custody is the best option for all parties, although it is not possible in all cases.
When there are insurmountable differences over their upbringing or any other issue, or there is a bad relationship, it will not be appropriate.
On the other hand, it will be the most appropriate way when there is a cordial relationship.
The sharing of time also involves a distribution of duties and obligations that will be assumed by both of you, with the possibility of having periods of rest.
If you wish to obtain shared custody, call us.
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