The number of legal cases in which parents request joint custody is increasing. However, every Court decision relating to the custody should aim at securing the best interests of the child on the separation of the family. Joint Custody can fulfil this aim, but there are certain types of cases where joint custody may not be compatible with the principle of protecting the best interests of the child. For example, there are cases that involve very young children and cases where the conflict between the parents damages the children’s stability and emotional well-being in which the joint custody decision would not be the most appropriate. Other such cases could be where the child would have to travel long distances from their normal place of residence or cases where the right of each of the parents to request joint custody is exploited by one of the parents as a means of threatening to reduce child maintenance from either of the parties. The Judge will decide depending on each situation what would be the best option to guarantee the best interests of the children.
In De Cotta Law we offer specialised legal advice on family law and we can help you with taking any decision regarding the custody of your children. In mainland Spain our specialist lawyer Reyes Gomez can advise you on all types of family applications. In the Canary Islands Isabel Fernandez will assist you in reviewing your particular circumstances. Please contact [email protected] or call on 952 527014 or 922 719520 for the Canary Islands office in Tenerife.