Shared custody:

Shared custody implies that both parents have the responsibility to care for and raise children in an equitable manner, actively participating in their education, health and well-being. In this type of custody, the children spend time with each parent on a regular basis, usually alternatively or according to a timetable agreed between the parties.

Procedure:

Parents can reach agreement on shared custody, either on a voluntary basis or through family mediation. This agreement must be submitted to the judge for approval.

If the parents are unable to reach an agreement, the judge will assess the situation, taking into account the best interests of the child, the ability of the parents to take care of the children and other relevant factors. In some cases, a psychosocial team may be requested to make technical reports to assist the judge in his decision.

Once all the circumstances have been assessed, the judge shall issue a sentence setting out the terms of shared custody, including the regime of visits, the financial contribution of each parent and other aspects related to the care of the children.

Exclusive custody:

The exclusive custody implies that one parent (usually the mother) has the primary responsibility for the care and upbringing of the minor children, while the other parent (usually the father) has a regime of visits established by the judge.

Procedure:

One of the parents may apply for exclusive custody during the separation or divorce process. This application may be based on various reasons, such as the best interests of the child or the care capacity of each parent, among others... The judge will assess the situation, taking into account the arguments of both parties and the technical reports provided by professionals specialized in family law and psychology. A decision will then be issued establishing the exclusive custody of one of the parents, as well as the system of visits of the other parent and other aspects related to the care of the children.

It is important to bear in mind that both types of custody always seek to protect the best interests of the child and to ensure his or her well-being in all decisions made by the courts.

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