The Spanish Supreme Court has consolidated shared custody as the preferred arrangement when beneficial to the child. We analyse the criteria from STS 257/2013 and subsequent rulings through 2025: distance between homes, parental communication capacity and child's wishes.
Until 2013, shared custody in Spain was an exception requiring both parents' agreement or exceptional circumstances. STS 257/2013 of 29 April (Civil Chamber, Full Court) marked a turning point: the TS declared shared custody to be the normal, not exceptional, arrangement, whenever beneficial for the child, regardless of parental agreement.
The TS has systematised criteria in a multi-factor test:
Favourable factors: parental communication capacity, proximity of homes, similar availability, prior relationship with both parents, child's wishes (from age 12).
Unfavourable factors: gender-based or domestic violence (Art. 92.7 CC), negative Prosecutor's report, well-founded opposition from a mature child, extreme conflict.
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