Legal Aspects of Co-Parenting in Spain

The Spanish Legal Framework

The Spanish Civil Code and Divorce Law 15/2005 establish the legal framework for separation and divorce. Spain has evolved significantly toward recognizing joint custody as a preferred option when the judge considers it to be in the best interest of the minor.

Custody Types

Sole Custody

One parent has custody (habitual cohabitation) and the other has a visitation arrangement. It's the most traditional model but is progressively being replaced by joint custody.

Joint Custody

Both parents share custody, with the minor alternately living with each. The Supreme Court has issued numerous rulings favoring this model when it benefits the minor.

Parental Authority

In Spain, parental authority (the set of rights and obligations of parents toward minor children) is typically shared by both parents after separation, regardless of who has physical custody. It implies joint decision-making on the minor's health, education, and residence.

The Parenting Plan

In Spain, parties must submit to the court a "parenting plan" or "regulatory agreement" detailing how they will exercise shared parenthood. This document can include visitation, vacation distribution, expense management, and communication protocols. Family Bridge can be a very useful tool for implementing and documenting this plan.

Child Support

The support obligation in Spain is determined based on each parent's income and the minor's needs. In joint custody, both contribute according to their means, and a leveling quota may be established if there's a significant income difference.

Modification of Measures

Agreed or judicially established measures can be modified when circumstances substantially change (job change, relocation, change in the minor's needs). A new judicial proceeding or approved agreement is required.