Child Custody in SpainUpdated on Monday 18th April 2016
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Spanish law states that custody of children may be granted to either of the parents, after the end of their marriage. However, in many of the cases, the mother of the children is the one awarded with the custody. In Spain, proof of the mother's incapacity to look after the children could be requested in order to take them away from her. But as soon as the children turn 13, they can be heard by a court before the judges reach any conclusion that will affect them. In case you need assistance in child custody matters, you can feel free to seek counsel from our lawyers in Spain.
Key factors taken into account by the court
If the parents do not reach an agreement and they get to court, the latter should consider some aspects before taking a final decision, such as:
- - the requirements of the children;
- - the degree of closeness between the children and other relatives (aunts, grandparents etc);
- - siblings will not be split-up;
- - the ability of one of the parents to look after the children;
- - the existence (if it is the case) of any psychological issues or addictions of either of the two.
However, the reason why many times courts award the custody to the mother is due to the analysis done on each of the parents' dedication towards their children before the end of their marriage. Our law firm in Spain can guide you through the delicate procedures of family law matters and help you, when possible, reach an agreement that satisfies both parties.
Legal custody in Spain
When one of the parents is granted the legal custody of the children, the other one will be allowed to visit and communicate with them, while usually paying a monthly alimony. The non-custodial parent has also some duties and rights:
- - to respect visits she/he is allowed to pay and keep contact with the children;
- - to take care of the children's education, health care and safety;
- - to get involved in the decisions that are made for the future of the children;
- - to be informed about any relevant incidents and emergencies in the children's life.
The matter is taken to court when one or both of the parties are not complying with the conditions they have established in the legal custody.
Joint custody in Spain
In the case of a joint custody, both parents are given a shared custody of their children. They will both be involved in the decision making and maintenance of their children and the time spent with them will be equal; they can live with one parent for a while and then with the other, unless this is considered inappropriate for the children. The judge will need a report from the General Attorney's Office ("Ministerio Fiscal") before making any joint custody order and it should not be granted when there are proofs that show domestic violence has occurred.
If you need assistance in any family law matters or legal counselling related to visitation rights and child custody, you can contact our attorneys in Spain.