La shared custody It is a form of regulation of the relationship between parents and their children as a consequence of the breakdown of marriage or cohabitation. In order to benefit from this regime, it is not necessary for the parents to have married.
In 2005, the shared custody in our civil code with the purpose that each parent can achieve an equal relationship with their children. And although this measure is rarely adopted, fortunately, this situation is changing since the Supreme Court Since 2013, it has been expressing its favorable position on this type of regime, considering it as “normal and even desirable”, as long as the situation allows it.
Joint custody requirements
In order to qualify for the shared custody, it is necessary for the couple to meet certain requirements:
- In addition to the parents being qualified to exercise guardianship and custody, there must also be “dialogue and communication” between them.
- Each parent must fulfill their duties and obligations.
- The predisposition of both parents in the face of this new situation is an essential requirement to request the shared custody, there must be collaboration and a good relationship between them.
- Both parents must have stable housing.
- From 12 years of age, the interest or desire of the minor to want to live with both parents in the same way must be taken into account.
Types of shared custody
Shared custody according to domicile
Depending on the address where the children are going to live, we can differentiate between:
- Shared custody with fixed domicile of children. In this case, the children remain fixed in their home, with the parents being the ones who change according to the period that corresponds to them.
- Shared custody with rotating domicile of the children. Each parent has a stable home and it is the children who come and go as appropriate.
- Coexisting joint custody. In this case, both parents and children live in the same home.
Shared custody according to length of stay
Depending on the period of time that the children remain with the parents, we can differentiate between:
- Shared custody for equal period of stay. Both parents live with the children for the same period of time.
- Shared custody for different periods of stay. One of the parents lives with the children longer than the other.
Regulatory agreement
When the decision has been made to end the romantic relationship, whether through separation or divorce, the couple must establish in writing the conditions relating to what they have in common. This is what is known as a regulatory agreement, which serves to formalize the regime in which the ex-marriage remains and the way of exercising the shared custody.
So that the regulatory agreement of the shared custody be accepted by the judge, it must contain the following elements:
- Exercise of parental authority over children, and the regime of communication and stay of parents.
- Visitation regime for grandparents and other relatives, always taking into account the best interests of the child.
- The attribution of the use of the marital home and the family trousseau.
- Contribution to marriage expenses and alimony.
- If the couple had married, the form of liquidation of the economic regime.
- If necessary, the corresponding alimony for one of the spouses.
Pensions in shared custody
If one of the spouses has an economic imbalance, in relation to the position of the other, that implies a worsening of their previous situation in the marriage, they will have the right to compensation that may consist of a temporary or indefinite pension, or a single benefit, as determined by the regulatory agreement or the ruling.
If you have any further questions about joint custody, from our law firm in Murcia capital We will be happy to answer and advise you. Our team of divorce lawyers in Murcia He has extensive experience and training. Find out without obligation!
