Joint custody has become established as the preferred model for family arrangements following divorce, in accordance with the doctrine of the Supreme Court and current Catalan legislation. Article 233-10.3 of the Civil Code of Catalonia establishes that joint custody must be granted when it is in the best interests of the child and when requested by both parents or by one parent with a favorable recommendation from the Public Prosecutor’s Office.
However, when one or both parents have demanding careers—with long work hours, frequent travel, or management responsibilities that make it difficult to strictly adhere to a rigid schedule—the practical implementation of joint custody requires specific planning and flexibility.
The purpose of this article is to analyze how to effectively organize joint custody when one or both parents are professionals or executives with demanding schedules, identifying the key factors for designing a realistic parenting plan that protects the child’s best interests without unduly compromising the parents’ careers.
Special Considerations Regarding Joint Custody for Professionals and Executives
Joint custody means that both parents share time with their children and actively participate in their upbringing and education. The most common arrangement is weekly rotation, but this schedule may not be feasible when the work obligations of one or both parents include travel, on-call duty, evening meetings, or extended workdays.
Catalan courts have ruled that joint custody does not require absolute availability, but it does require that both parents be able to reasonably meet the child’s needs during their periods of custody. Case law from the Provincial Court of Barcelona recognizes that joint custody arrangements can be tailored to professional circumstances, provided that the child’s effective care is guaranteed.
Among the most common characteristics observed in professionals are:
Unpredictable work schedules. Professionals such as doctors, trial attorneys, consultants, or executives may have workdays that extend beyond conventional office hours. In such cases, it is essential to specify in the regulatory agreement or court order who will assume responsibility for the child’s care when the parent with custody must be absent.
Frequent business travel. Executives with international or business responsibilities who travel regularly, or professionals who must attend conferences or training sessions outside the city, need the flexibility to temporarily transfer custody to the other parent, with arrangements for subsequent compensation.
On-call duty and availability outside regular hours. Doctors, emergency personnel, lawyers involved in active litigation, or executives in industries prone to recurring crises may be called upon on short notice. The parental leave plan should include clear protocols for these situations.
Evening or weekend shifts. Some professionals have work schedules that include nights or weekends (hospitality, healthcare, security, media). The custody schedule must be adapted to these schedules, establishing periods of custody that do not conflict with the parent’s regular work obligations.
Balancing shared custody with a career is not automatic, but it is not impossible either. It requires developing a specific parenting plan that takes into account each parent’s unique professional circumstances and establishes mechanisms for flexibility and compensation.
The Custody Schedule: Flexibility and Adaptability
The schedule is the central element of a joint custody arrangement. For professionals and executives, the standard weekly rotation schedule may be insufficient or even harmful if it leads to recurring failures to comply due to work-related reasons.
Adapted calendar templates:
Every two weeks. Longer periods (two weeks instead of one) may be preferable when one parent travels frequently. This reduces the number of handoffs and makes it easier to plan work schedules.
Asymmetric alternation. If one parent has a schedule that is more compatible with daily care (for example, standard office hours) while the other has unpredictable hours, a schedule can be established in which one parent takes on more school days and the other compensates with longer vacation periods.
Block-based schedule. Some professionals prefer to concentrate their custody during continuous periods (for example, an entire month in the summer, the entire Christmas season, or Holy Week) and grant the regular school terms to the other parent when their availability is more limited.
Flexibility with compensation. The collective bargaining agreement may include provisions allowing for specific adjustments to the schedule when unavoidable work obligations arise, establishing compensation mechanisms (making up days at a later time, extending vacation periods).
It is essential that the schedule—no matter how flexible it may be—be formally set forth in writing in the custody agreement or the divorce decree. Verbal changes create uncertainty and can lead to conflicts. Any changes must be communicated with reasonable advance notice (the agreement may establish minimum timeframes, such as 48 or 72 hours for non-urgent changes) and, whenever possible, confirmed in writing (via email or WhatsApp with read receipts).
Business trips and unexpected work-related responsibilities
Business travel is one of the biggest challenges for joint custody among executives and professionals. The custody agreement must explicitly address this situation and establish clear protocols.
Common options:
Temporary custody granted to the other parent. When one parent must travel during their custody period, they may temporarily transfer custody to the other parent. This transfer may be with future compensation (the parent who assumed the additional custody will have fewer days in the future) or without compensation (especially if travel is frequent and the other parent agrees to take on more of the caregiving burden).
Support from family members. In some cases, when trips are short (1–2 days) and the child is old enough, the traveling parent may arrange for the child to be cared for by close relatives (grandparents, aunts and uncles) without having to transfer custody to the other parent. However, this option must be provided for in the agreement and accepted by both parties, since the general principle is that in the absence of one parent, the other parent is responsible for the child’s care.
Videoconferencing and communication. When one parent is traveling, the child’s communication with that parent must be ensured through daily video calls. Modern custody agreements typically include provisions regarding the use of technology to maintain contact during absences.
In the event of unforeseen professional responsibilities (last-minute meetings, work-related emergencies, on-call duty), the agreement must provide for:
Immediate Reporting Protocol. Obligation to notify the other parent as soon as the professional obligation that prevents the care of the child becomes known.
Temporary custody by the other parent. Preference for the other parent to assume care during the absence (rather than third parties, such as paid caregivers).
No compensation if it is structural. If unforeseen professional obligations are frequent and structural in nature (for example, an emergency room doctor on call), it may be agreed that they do not warrant compensation, but this must be clearly stipulated.
Limit on unilateral changes. The agreement may provide that very frequent or systematic changes due to work-related reasons may lead to a review of the custody arrangement if it is demonstrated that one of the parents cannot reasonably comply with the agreed-upon schedule.
The Parenting Plan: A Key Document for Professionals
A parenting plan is a document that outlines how child-rearing will be organized after a divorce. Although it is not mandatory in all cases, it is particularly useful when the parents are professionals with busy schedules.
The parenting plan must include, at a minimum:
Detailed custody schedule. Including details on school terms, vacations, holidays, birthdays, and rotation schedules.
Protocol for Business Travel. Who has custody, notice periods, and compensation.
Mechanisms of communication between parents. Email, a co-parenting app (there are apps like OurFamilyWizard, Coparently, and 2Houses that let you manage schedules, expenses, and communication), WhatsApp… It’s a good idea to keep a record of your communications to avoid disputes about what was agreed upon.
Allocation of expenses. Recurring expenses (education, healthcare, clothing) and one-time expenses (extracurricular activities, medical treatments not covered by insurance, school trips).
Making decisions on important matters. Choosing a school, major medical treatments, trips abroad with the child, and extracurricular activities. It may be stipulated that certain decisions require the agreement of both parents, while others may be made unilaterally by the parent who has custody at that time.
Conflict resolution mechanisms. Seek family mediation before resorting to legal action in the event of disagreements over the interpretation of the parenting plan.
For working parents, it is especially important that the parenting plan not be overly rigid, but also not so flexible that it creates uncertainty. A balance must be struck between predictability (the child needs stable routines) and adaptability (work obligations may vary).
Coordination Between Parents: Practical Tools
Effective coordination between parents is essential to the success of joint custody, especially when both have demanding work schedules.
Co-parenting apps. There are apps specifically designed to facilitate coordination between separated parents. They allow users to share calendars, coordinate pickups and drop-offs, track expenses, share documents (medical reports, school reports), and maintain a record of communications (which can be useful in the event of a future dispute). Some apps generate reports that can be submitted to a judge if it becomes necessary to demonstrate noncompliance or lack of cooperation.
Digital shared calendar. Even if you don’t use a specific app, a shared digital calendar (Google Calendar, Outlook) where both parents can record their work commitments, travel plans, and custody schedules can make planning easier and help prevent misunderstandings.
Written communication. It is recommended that changes to the schedule, agreements regarding extraordinary expenses, or any relevant decisions concerning the children be communicated in writing (via email or WhatsApp), not just verbally. This helps prevent future disputes about what was agreed upon.
Regular meetings. Some parents schedule brief meetings from time to time (monthly, quarterly) to review how the custody arrangement is working, anticipate periods of increased work demands, and resolve minor conflicts before they escalate.
Support professionals. In highly contentious cases, it may be helpful to involve a parenting coordinator—a professional (such as a psychologist, social worker, or specialized attorney)—who helps implement the parenting plan, resolve minor disputes without going to court, and facilitate communication between parents who have difficulty coordinating directly.
Joint Custody and Changes of Residence for Professional Reasons
One particularly complex issue is what happens when one of the parents has to move to another city for professional reasons (a job transfer, a new career opportunity in another city).
Supreme Court case law has established that a parent who wishes to change their place of residence must notify the other parent and, if no agreement is reached, seek court authorization. The judge will consider:
Reason for the transfer. It is more likely to be approved if the transfer is based on reasonable professional grounds (a promotion, a better financial opportunity) than if it is arbitrary.
Distance. A relocation within the same autonomous community (where joint custody can be maintained with adjustments) is not the same as an international relocation.
Impact on the child. The court assesses how the relocation will affect the child’s relationship with the parent who is not relocating, as well as the child’s school and social environment and emotional stability.
Alternatives to a parent who moves away. If the relocation is voluntary (not required by the employer), the court may rule that the parent must choose between pursuing a career in another city or maintaining joint custody in the current city.
Proposals for an alternative system. The parent requesting the relocation must propose how the child’s relationship with the other parent will be maintained (extending vacation periods, covering travel expenses for the child or the other parent, or using videoconferencing).
In practice, significant relocations often entail a change in the custody arrangement. Joint custody with weekly alternation becomes unfeasible if the parents live in different cities, so primary custody is usually granted to the parent who remains in the city where the child has their center of life, with extensive visitation rights for the parent who relocates (alternating weekends if distance permits, plus extended vacation periods).
Professionals who anticipate possible job transfers should include clauses in their collective bargaining agreement that address this situation and establish criteria for renegotiating the custody arrangement, thereby avoiding the need to immediately resort to legal action.
Modification of the Custody Arrangement Due to a Change in Circumstances
The custody arrangement established in a divorce is not set in stone. It may be modified when there is a substantial change in circumstances that justifies the modification in the best interests of the child.
Career changes that may justify the modification:
Significant increase in workload. If a parent whose schedule was previously compatible with joint custody is promoted to a management position that involves constant travel or work hours incompatible with the daily care of the child, the other parent may request a modification of the custody arrangement.
Reduced work hours or a transition to a more compatible job. If a parent who initially did not have joint custody due to conflicting work schedules changes to a job with more compatible hours, that parent may request that joint custody be established or expanded.
Job transfer. As noted, a significant transfer usually involves a change in the tax regime.
Long-term unemployment. If a parent becomes unemployed for an extended period, their availability to provide care increases, which may justify a modification (although unemployment alone does not automatically result in more custody; it depends on the best interests of the child).
To request the modification, the parent must provide proof of:
A change in circumstances (as evidenced by employment documentation: contracts, pay stubs, employer certificates).
That the change is substantial and lasting (not merely circumstantial or temporary).
That the modification is in the best interests of the child (it is not sufficient that it benefits the parent requesting it).
The courts are cautious about frequent changes to custody arrangements, as stability is important for the child. However, when a career change is significant and long-lasting, a modification may be necessary to ensure that the child receives adequate care.
Frequently Asked Questions About Joint Custody Among Professionals
Can I be denied joint custody because I work long hours?
Long working hours are not, in and of themselves, grounds for denying joint custody. The court assesses whether, despite the work schedule, the parent can organize the child’s care during their periods of custody (with help from family members, by adjusting schedules, or through caregivers). However, if the work schedule involves systematic absences that prevent effective care, this may negatively influence the decision.
What happens if I have to travel for work during my week of custody?
It depends on the terms of the custody agreement. Typically, you should offer to let the other parent take custody during your absence. If the agreement does not specifically provide for this, you should notify the other parent as far in advance as possible and agree on how to handle the situation. If your travel is very frequent, this may be a reason to review the custody schedule.
Can I have joint custody if I work on weekends?
Yes. Joint custody does not require that time with the child be limited exclusively to weekends. A schedule can be established that allocates school days to the parent who works on weekends and weekends to the parent with a standard work schedule. The important thing is that both parents have meaningful, quality time with the child.
Do I need permission from the other parent to move to another city for work?
If you have joint custody and moving to another city significantly affects the child’s relationship with the other parent, you do need authorization. First, you should try to reach an agreement with the other parent. If no agreement is reached, you must request court authorization before moving with the child. Moving the child without authorization may be considered child abduction.
What apps are available to help coordinate joint custody?
There are several apps designed to facilitate co-parenting: OurFamilyWizard, Coparently, 2Houses, Fayr, and TalkingParents. These apps allow users to share calendars, track expenses, keep a record of communications, share documents, and some generate reports that can be used in legal proceedings. The choice depends on the specific needs and the level of conflict between the parents.
Can I change the custody arrangement if my employment situation changes?
Yes. If there is a substantial and lasting change in your employment situation (for example, a reduction in working hours, a transfer, or a switch to a more compatible schedule), you can request a modification of the custody arrangement. You must provide evidence of the change and demonstrate that the modification is in the child’s best interest. It is advisable to first try to reach an agreement with the other parent before taking the matter to court.
Do you need legal advice on this matter? At ACL Boutique Legal, we offer a personalised analysis of your situation and a legal response tailored to your case.
You can contact us by email at info@aclboutiquelegal.com, or by phone on 931 820 179 or 671 377 204 (WhatsApp).
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