The Spanish Supreme Court (Decision No. 630/2018, Civil Chamber), from November 2018, clarifies several important aspects regarding joint custody between two parents.
Firstly, it states that joint custody, far from being an exceptional regime, it is the one that most favors the contact of minors with their parents and the one that most protects the interests of minors. However, the Court clarifies that this regime does not necessarily entail an equal distribution of the time parents spend with their children, although it intends a distribution as equitable as possible, and balanced according to the working hours of parents.
On the other hand, the Court also clarifies that for the allocation of the family home in the shared custody regime, it is necessary to value which interests are in need of most protection, and these are those of the minors. Therefore, the Supreme Court agrees that awarding the family home to any of the parents does not proceed in the event that by their own means they can provide their children with adequate housing according to their needs.
