Shared custody in Madrid 2022. Requirements for obtaining it

Shared custody has been a hot topic for quite a few years now. The reason? Mainly because more and more parents are demanding greater participation in the upbringing and education of their children. This has led many autonomous communities to establish it as the priority model ahead of single-parent custody. Here we would like to talk about the specific case of Madrid.

Characteristics of joint custody in Madrid

Shared custody is defined as the legal situation whereby, following a separation or divorce, both parents of one or more children have legal custody. This custody is carried out on equal terms in terms of duties and rights. This means that the children live with both parents for alternating periods. Obviously, the differences with single-parent custody are abysmal. In this case, legal custody of the child is exercised by only one of the two parents (usually the mother). The other parent is only entitled to visit and enjoy the company of his or her children at specific times (for example, for a month in summer and on alternate weekends).

In recent years, both the Supreme Court and the General Council of the Judiciary have ruled that joint custody is the most normal and desirable regime. Therefore, it has invited the autonomous communities to adopt it as a rule and leave single parenting as an exception. The best example is Madrid.

However, shared custody does not necessarily imply an arithmetical distribution of the time children spend with both parents. This is a false belief that must be disproved. The objective is the effective exercise of responsible co-parenting.

Requirements for obtaining joint custody in Madrid

First of all, you should know that it can be requested before, during or after the legal process of divorce and that, in all cases, the judge will have the last word depending on the characteristics of each specific case.

Therefore, we cannot give exact rules about in which cases joint custody is denied and in which cases it is accepted. However, what we are able to do is to talk about the requirements that are taken into account by the judges of the Community of Madrid in this regard:

• The relationship of the parents to the children during the marriage. That is, to what extent each of them has been involved in the upbringing and education of the children.
• The relationship between the parents. This type of custody means that both parents will be in close contact for years. It is therefore vital that there is mutual respect.
• The ability of each parent to care for the child. They must be able to ensure the welfare of the children in terms of assistance and care. Both should exercise similar educational models so as not to destabilise them.
• The age of the children. Very young babies, especially if they are infants, have a strong dependence on the mother. In such cases, it is normal to adopt a progressive custody regime for a certain number of years. If they are over 12 years of age, the judge and his or her technical team will normally give them the floor to find out what their wishes are.
• The number of children. Judges usually make it a priority never to separate siblings, whatever the circumstances.
• The home of each parent. The aim is the stability of the child. Both should be sufficient to meet the needs of the children.
• The distance of the homes from the school. In general, judges in the Community of Madrid deny this custody regime if the home of one of the parents is located more than 30 kilometres from the child's school. Likewise, they only grant it when it is located between 15 and 30 kilometres away if there are adequate means of communication.
• The child's roots. Under no circumstances may shared custody entail a break with the child's family, social and school environment.
• Availability for work. That is to say, the flexibility that work offers parents when it comes to caring for their children. The same applies to family support in this respect.

Special situations to consider

There are many false myths surrounding joint custody. One of them is, for example, that judges do not grant joint custody if the mother of the children does not agree. However, this is a mistake.

Joint custody can still be granted if the mother does not want it. The reason is that, as we said before, it is the judge who has the last word. In fact, even if both parents agree on its adoption, the judge can refuse it if he or she considers that the minimum requirements guaranteeing the stability of the children are not met.

And what if it is the father who, at the time of separation or divorce, does not have a job or a pension? It does not matter. The level of income is not an explicit requirement when establishing joint custody as judges always take into account what is best for the child first.

This leads to another false belief. Many parents apply for joint custody in the belief that they will be able to save on child maintenance. However, although as a general rule it means that they do not have to pay them, the judge can establish that they are obligatory for a certain or indefinite period of time. For example, if one of the two parents has no income or if one of them receives a much higher salary than the other.

In short, we hope we have helped you to understand the requirements for joint custody in Madrid in 2022.