Lawyers Marbella

Custody and visitation regime. Civil lawyer in Spain

Legal support for divorce

A divorce is a process that ends the legal bond between two people. This process involves the adoption of a series of measures, both economic and personal. The most important are those that refer to the children of the couple and, in particular, how the custody regime will be established. There is usually some confusion in the terms of custody and visitation, so we proceed to explain what each one consists of.

Types of custody in Spain

The custody is a legal institution that involves a series of obligations of a parent with respect to their children: feed them, educate them, ensure their protection and, obviously, have them in their company while they are minors. The custody is divided, in turn, into two distinct modalities: shared and exclusive custody.

  • The shared custody is the one that is attributed to both parents jointly, that is, both will have the same rights and duties as far as the care of the child is concerned. This is the modality preferred by the Courts, whose application is considered a majority.It does not mean that the time that the child spends is distributed exactly the same way between the father and the mother, since the judge may establish a different distribution according to the circumstances of each case.
  • In the case of exclusive custody, it will imply that only one of the parents will have the child in their care. This does not mean, however, that the child is completely isolated from contact with the other parent. On the contrary, the best interests of the minor require that this link be maintained in order to ensure the child's adequate development.

When this last modality is established, it is when a visiting regime for the non-custodial parent will also be established.
This means that you can visit the child and in the terms indicated in the Regulatory Agreement. This is what the Civil Code establishes in Article 94: 'The parent who does not have the minor or incapacitated children with them will have the right to visit them, communicate with them and have them in their company (...)'.
The right to a visitation regime can only be denied when there are well-founded indications that determine it - for example, that one of the parents has been immersed in criminal proceedings; in cases of domestic violence commission, etc-.

Spanish lawyer

We remind you that if you need more information you can contact our office located in Marbella, where we have specialized lawyers.