Joint custody (Spain)

[1] It began in 2005, when a new divorce law introduced the notion of joint custody (Spanish: custodia compartida), subject to the agreement of both parents.

Proclaimed by the General Assembly of the United Nations on November 20, 1989 and ratified by Spain on November 30, 1990, these provisions require states to respect the child's right to maintain personal relations and direct contact with both parents on a regular basis, unless it is damaging to the interests of the child.

Exceptionally, even without such agreement, the judge, requested by either party and with a favorable report from the Public Prosecutor, may grant shared custody on the basis that this is the only way to adequately protect the interests of the minor.

It should be understood that the wording of Article 92 "cannot conclude" that joint custody "is an exceptional measure", but "on the contrary, should be considered normal, is effective because it allows children to interact with both parents, even in crisis situations, whenever possible."

In Spain, this law pioneered joint custody as the preferred option after divorce or separation, while always evaluating the specific case and seeking the best interest of the child.