Understanding Shared Custody for Weeks: Scenarios, Housing Arrangements, and Practical Considerations
Joint custody is the star custody regime today in divorce proceedings and, within it, shared custody for weeks .
The purpose of joint custody is that minor children can equally enjoy the company and care of their parents.
This shared custody regime must always be established to benefit the best interests of the minor :
- Of your well-being.
- Emotional balance.
If you are considering shared custody for weeks, the first thing you should do is analyze your situation (personal and professional) and the well-being of your children.
Shared custody for weeks: is it the most convenient?
It is common in law firms for clients, in divorce proceedings , to ask: What is the most convenient shared custody regime, for weeks, fortnights…?
Well, the answer to this question will always depend on each specific case.
It is true that, after a divorce, shared custody is highly advisable because minors will be able to maintain a constant relationship with both parents.
Now, it is important that the adult evaluates his or her own personal and work circumstances before requesting joint custody in a divorce process.
Shared custody for weeks is the custody regime most used in divorce agreements and the one preferred by the majority of Family Courts.
But… what is advisable is not always the best.
We focus, below, on the assumption of shared custody for weeks.
3 possible scenarios to establish shared custody for weeks
Although it is true that an agreement between the parents is not required to establish shared custody , the Courts consider that this type of custody regime is the most appropriate for the children.
In cases of divorce or breakup of a couple, 3 situations may arise in relation to the establishment of shared custody of the children for weeks:
- In case of mutual agreement , the parents may agree in the regulatory agreement on the shared exercise of custody of the children for weeks.
- In the contentious procedure , the parents may reach a shared custody agreement for weeks in the procedure itself.
- In the contentious procedure, one of the parents may request shared custody for weeks and the other parent may oppose .
In any case, the final decision on shared custody and the length of stay with each parent corresponds to the Judge , who will assess for his opinion :
- The report of the Prosecutor’s Office.
- The declaration of minors who have sufficient judgment, if the Judge himself deems it necessary or if requested by the Prosecutor, the parents or the Judicial Technical Team.
- The legal report prepared by specialists ( psychosocial report ).
- The statements of the parents when they appear in Court.
- The tests carried out in the divorce procedure.
- The relationship that parents have with each other.
- The relationship of parents with their children.
- The reconciliation of family and work life for parents.
- The circumstances of each specific case.
Housing in shared custody for weeks
Once the shared custody regime is established for weeks, the children will enjoy the company and care of each parent for alternate weeks.
Now, what will the children’s home be?
The possibilities are several:
Fixed home for children
In this case, the children will remain in the same home and the parents will be the ones who move in the week that corresponds to them.
A good relationship between parents is essential; domestic organization conflicts may arise: “I found the refrigerator empty,” “I have to fix it again…” , disagreements that are not favorable for the proper development of minors continue.
Rotating housing for children
Every week the children change their address, one week at their father ‘s house and another week at their mother’s house.
This is the form most often used in practice. But be careful, you must take appropriate measures so that children do not feel like “suitcase children.”
In conclusion, protect the well-being of your children.
Exchange day and visits in shared custody for weeks
The Judge or the parents may establish an exchange day, as well as weekday visitation days in favor of the parent who is not assigned to be with the children.
As for the exchange day , the most comfortable solution that causes the least conflict between parents is leaving school.
The majority of judicial resolutions establish Mondays after school as the day of exchange in shared custody for weeks.
Friday after school is also a good option, as it allows the minors and the parent to catch up and discuss what happened during the previous week.
In any case, we insist, each case has its particularities.
It can also be established, by agreement or by the Judge, that on a weekday , the parent who does not have his children can enjoy their company. Either a specific day of the week or the day of the child’s extracurricular activities.
Shared custody for weeks and school holidays
Wondering what happens with school holidays in shared custody for weeks?
Well, as a general rule, school holidays are divided between both parents , so that you can both enjoy the company of your children.
For example, for Holy Week two periods can be established:
- From the Friday of Sorrows, when leaving school, until the following Wednesday at 12 noon.
- From Wednesday, before Holy Thursday, from 12 noon, until Glory Monday at the entrance to the school.
This way children and parents will be able to enjoy the school holidays.