Lawyers Marbella

Custody of children in Spain

Custody of children in Spain

Divorce is a process that ends the legal bond between two people. This process implies 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. In general, there is some confusion in the terms of custody and visitation, so we proceed to explain what each one consists of.
Custody is a legal institution that involves a series of obligations of parents 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 different 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 in regard to the care of the child. This is the modality preferred by the courts, whose application is considered a majority. It does not mean that the time the child spends is distributed in exactly the same way between the father and the mother, since the judge can 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 his charge. However, this does not mean that the child is completely isolated from contact with the other parent. On the contrary, the minor's best interests require that this link be maintained in order to guarantee the adequate development of the child.

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 spanish Civil Code establishes in article 94: 'The father who does not have the minor or the children incapacitated 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, for example, that one of the parents has been immersed in criminal proceedings; In cases of domestic violence commission, etc-.

Lawyer in Spain

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