Divorce and child custody in Spain

When a divorce occurs and there are children, one of the most important issues is related to the child custody in Spain. This aspect is related to dealing with their daily wellbeing and ensuring their interests as well as taking care of the child, something that will depend on different factors.

Custody of children in Spain after a divorce

Among the different factors is to maintain the best interests of minors. This means that beyond the interest of adults, will be the greatest benefit for the child or children over the custody of children.

When a divorce occurs, a report by experts is requested. In this document you can establish the visiting regimes as well as the compensatory and feeding pension. If there are two or more children in the marriage, one option that is not usually chosen is to separate them. It could only be possible in cases that are well argued, but are specific cases.

Whenever more data can be provided and minors have the use of reason, a Judge can call you to declare so that they can express their wishes. This does not mean that the Judge considers his argument valid, but it can influence when deciding who is left with the child or children.

The time available to parents is another aspect to be able to have custody of children, unless they can prove they have means or a supportive family network. The place of residence also influences, especially if it is different from the one the minors had at the time prior to the divorce. What is usually taken into account is to reduce the changes that the minor or minors may suffer.

Do not forget the age of the children, a factor of great importance that can greatly influence in their custody. Depending on their age, their needs are different and parents are valued to know which of the two is higher to cover them.


Among the different types of child custody in Spain, include:

  • Single-parent custody or exclusivity: it is one of the most frequent forms of custody. It is based on the decision of the judge or the couple by which sole custody is given to one of the parties. This entails the responsibility of the care and also the attention of the minors as well as to establish a regime of visits and communications for the non-custodial spouse.
  • Custody distributed: in this kind of custody, each of the parties is allowed to have the child or children during a certain part of the year or to have them in alternate years. Each father or mother has reciprocal visitation rights and exercises exclusive control over the child when he or she is in their custody.
  • Split custody: custody of one or more of the children is granted to one of the parties and the remaining children to the other. Normally, this kind of custody is not granted unless there are reasons of great importance for it. It can be a previous history of separation, problems in the relationship with children, etc.
  • Joint or shared custody: this type of custody is based on the concept of co-parenting, which means that there will be equal involvement by both parties in raising their children. The time that each of the parents will assume exclusively the exercise of parental responsibility is shared.

To have all the information regarding this complex topic in many cases, the most recommendable is to have the advice of professional lawyers.

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