Joint custody


The moment a couple decides to end a relationship in which there are children, the word custody comes out. This word itself refers to a series of agreements that must be reached between the parents and the lawyers in order to determine which of the two members of the marriage or relationship will be in charge of living with the children .

What is joint custody?

Joint custody in one of the ways in which the parents of a minor can take over the care , guardianship and custody of the children based on family rights that attribute custody of the minor to both parents .

  • What is joint custody
  • Characteristics
  • Types
  • How to get joint custody
  • Requirements to request joint custody
  • Procedures to request it
  • Alimony
  • Minimum age
  • Profits
  • Breach
  • Shared custody living in different cities
  • Shared custody by country
  • Importance
  • Examples

What is joint custody

When a married couple decides to end their life together as a couple, custody of the children can be successfully shared between the two parents. This refers to everything that is related to the education of the children, with the care , health and with the habitual coexistence , with the aim of being able to give the parents equal conditions and rights . In this way, children have the possibility of living alternately with their parents, whether for weeks, fortnights, months or trimesters.



Among the main characteristics of a joint custody are the following important aspects.

  • Its main objective is to be able to protect the interests of minors .
  • It is established after a marital breakup or the parents’ coexistence .
  • It includes a series of different duties and obligations that parents must have.
  • The decision also takes into account the opinion of the minors .
  • It does not separate the brothers .
  • Decisions are made thanks to a group of specialists .
  • He is interested in achieving and maintaining the emotional and physical stability of the children involved in the process.


There are various types of joint custody that will largely depend on financial possibilities , parental availability and parental skills . In this way, we find the following types.

  • Shared custody with change of residence : the two parents will maintain their rights and obligations without being altered, so that they remain a family but without living in the same house. The children in this case can change their address during the established periods.
  • Joint joint custody but without change of residence : in this case, the parents are the ones who must enter and leave the house since the children will live in the habitual residence. In other words, it is the parents who must alternate their domicile in order to take care of the children.
  • Shared custody for a different time of stay with the parents : in this case, depending on the work and family situation or the age of the minors, they may have to spend more time with one of the parents.
  • Simultaneous shared custody : this type of custody occurs mainly in families that live in a home that can become segregated or divided, in this way the children will always be by their parents’ side.

How to get joint custody

To achieve joint custody, you must go before a judge who, together with a team of professionals, will be in charge of making the decision. It is important that parents have the ability to create a suitable environment for their children and that they have the ability to provide them with an adequate education. Both must have and show their willingness to maintain good personal relationships in order to guarantee the emotional stability of the children.

The thoughts and wishes of the children should also be taken into account, especially if they are older than twelve years, because at this age, they are considered suitable to decide if they want to live with both parents. The number of children , the parents’ work schedules and the type of activity they carry out are also taken into account .

Another aspect that is important is the common agreement between both parents, although this tends to be not very important since the final decision will always be in the hands of a judge. The legal reports prepared by the team of specialists are essential to determine if joint custody is the best option. Finally, it establishes the absence of family violence by one of the parents is vital to make the right decision.

Requirements to request joint custody

The main requirements to request joint custody of children are:

  • Parents’ personal skills.
  • Relations between children and parents.
  • Number of children .
  • Parents’ compliance with their duties to their children.
  • Mutual respect in parental relationships despite separation.
  • Results from the reports requested by the judge .

Procedures to request it

This type of custody can be requested by both parents either by mutual agreement because one of the parents so decides even if the other does not agree. The first step is to request the process through a lawyer who can help you solve a series of doubts and problems regarding custody.

If there is no agreement on the part of the parents then they must attend a court to make the request, in this case they will have to carry out a series of studies to study what is known as a “ contradictory plan ”, a means by which which can be learned if joint custody would be a good option for minors.


Alimony may be set by the judge if there are disproportions regarding the parents’ income . This type of custody is not an impediment for the judge to make this decision thinking about the welfare of the children, but this does not exempt the parent who has less income to participate in the feeding of the children.

Minimum age

The ages of the children have an important influence on joint custody, however, there is no limit established as a minimum or maximum to request this type of custody. If it is important to remember that custody ends when the minor reaches the age of majority.


One of the main benefits is that the children can minimize the conflicts that arise after a separation since it allows to maintain continuous contact with the parents, managing to continue with the paternal and maternal figure that every child should have. It helps to improve communication between parents because together they will have to make decisions related to their children and this helps the children not to be forced to choose for one parent or another.


When joint custody is not fulfilled, then a demand for the execution of the sentence or a lawsuit can be filed to request the judge to modify the measures that had been established at the beginning of the sentence. For this, it is always best to have the help of a lawyer.

Shared custody living in different cities

In this case, achieving joint custody tends to be more difficult as this can expose minors to a number of risks and dangers . The children would be exposed to long trips, to have to be educated in different educational institutions, which is practically unfeasible and the constant change of friends , teachers and forms of education would not be beneficial for the children.

Shared custody by country


As a general rule, custody must be requested by mutual agreement of the parents or in some cases, by one of the parents without the consent of the other. In some exceptional cases it may be requested by the court.


In Mexico it is regulated by the Convention on the Rights of the Child where minors are seen as subjects of law and not as objects of protection. In the case of custody, it is taken into account whether separating the minors from any of their parents would be more harmful than beneficial.


In Colombia this type of custody is quite new and has been established to eliminate any type of restriction that could prevent joint custody. This has been done in order to establish fair times and responsibilities in an equitable way so that parents can share time with their children.


Its main importance is that through it it is achieved that the children can feel loved , protected and safe within a family environment that is stable, while taking care of the emotional part of the minors. In addition, it is important because in this way parents can continue to share their children’s education without problems while maintaining equal rights in decision-making.


Two minors who remain in the custody of the father of the family, however, the mother has the right to visit them every weekend from 2 to 8 pm, on holidays and can stay with them during vacation periods.

Three minors who live in the same house with their parents, however, the couple has already been divorced. The environment in which they live is completely peaceful, they make joint decisions and both parents are involved so much in the nutrition, education and health of the minors.

Leave a Comment