Shared custody


Shared custody or shared parenting is the legal situation that occurs when both parents maintain custody of their minor children after the breakup of the couple (either a separation or divorce). When joint custody is granted, both parents maintain equal rights and duties with respect to the upbringing of their children, allowing both to live with the children in alternating periods as determined by a judge.

This type of custody is becoming more frequent in many countries, being the opposite formula to the custody regime that has traditionally been more common: single-parent custody in favor of the mother.

Depending on what is agreed, the minors may reside temporarily in the habitual residence of the parent to whom it corresponds during that period, therefore alternating residences, or it may be agreed that the minors always reside in the marital home and are the parents who move alternately to exercise custody.

The fact that the custody is shared does not necessarily imply that both parents share the custody of the minor in periods of the same duration, since depending on the personal circumstances of each case it could be that although the custody is shared, the minors reside for a longer time with one of the parents.

The main argument in defense of joint custody is in the well-being of the minor, allowing him to grow up having a relationship with both parents.

Generally, when there is a shared custody regime, the need for one of the parents to have to pay alimony or child support to their former partner for the upbringing of their child is eliminated, since both parents must be responsible for the usual expenses of the minor .

It should also be borne in mind that in order for shared custody to be granted, it is necessary to have the approval of the judge, who will take into account factors such as the proximity between the parents’ homes, the preferences of the minors, the age of the children or the previous care provided by each of the parents in the upbringing process.