Joint Custody: An Alternative Required by the New Social Reality

61 Pages Posted: 3 Nov 2011

Multiple version iconThere are 2 versions of this paper

Date Written: October 1, 2011


The Spanish Civil Code was reformed in 2005 in order to introduce a new regulation of joint custody. This reform was both incomplete and overly cautious. It was incomplete because it did not regulate the breakdown of non-marital partners, and overly cautious because, contrary to the prior procedures, after the reform Judges were not allowed to decide joint custody ex officio. Moreover, this type of custody has been relegated to a subsidiary figure by requirements that fit neither our modern times nor our Constitution. This paper provides a detailed study of this type of custody, and a proposal to palliate certain maladjustment to the regulations in force. Regulations that, due to the trajectory of the social reality, will inevitably be in need of reform soon.

Note: Downloadable document is in Spanish.

Keywords: Joint Custody, Familiy Law, Children’s Best Interest

Suggested Citation

de Torres Perea, José Manuel, Joint Custody: An Alternative Required by the New Social Reality (October 1, 2011). InDret, Vol. 4, 2011, Available at SSRN:

José Manuel De Torres Perea (Contact Author)

affiliation not provided to SSRN ( email )

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