Contact in Spain
Spain: +34 932 20 44 40
UK: 0800 098 8033
US: +1 415 651 8449

Shared Custody in Spain

Benefits to the children

In practice, the concept of shared custody permits both parents and the courts more flexibility when considering the post-divorce upbringing of their children. This may take the form of the children sleeping in one of their parent’s houses but being picked-up from school and having a meal each day with the other parent.

The system of shared custody is beneficial in that it is a move away from the strict application of custody being awarded to one parent who must then grant the other parent access to the children. That system has been criticised on the grounds of marginalising the other parent and generally depriving the children of having “both a mother and father”. At the moment it is the law in four autonomous communities but it seems to be on the radar of more and may well become the norm at some point in the future.

It should also be pointed out that shared custody may be agreed between the spouses and it is only a matter for the court to consider when agreement has not been reached. The spouses may agree on any arrangement between themselves that does not in any way harm the children.

Shared Custody to be Promoted

The Justice Minister Alberto Ruiz-Gallardón has announced that Article 92 of the Spanish Civil Code is to be changed so that judges in divorce proceedings may award joint custody of any children where the interest of the children require it, and not merely in ‘exceptional circumstances’. The amendment ought to be in place within six months.

Once passed, the legislative change will mean that it will be for the judge presiding over cases of separation or divorce to determine the best method of ensuring that the children have both parents present in their lives. This could mean awarding custody to just one of the parents or may involve the children spending a similar proportion of time with both parents.

The minister responsible for the change commented that it was the responsibility of the Executive arm of the government to reflect changes in society, one of which was the equal responsibility that both parents have for the upbringing of their children. In this respect he said that Article 92 of the Civil Code was a reflection of past rigidities in the roles played by parents with respect to their children and also stated that it was necessary for the language used in the relevant Article to be brought up-to-date such that instead of using the phrase “guardianship and custody” there should be the phrase “cohabitation of the parents with their children”.

The change will therefore give judges in Spain much more discretion to award joint custody than has occurred in the past where it could only be awarded in exceptional circumstances such as where the mother of the child was deemed not be capable of looking after the children alone.

For more information on the law relating to divorce in spain as well as your rights, go to: divorce in Spain.

You may be interested in the following service...

Client testimonials

"Oscar scored high on all aspects of providing a professional service! In my particular case (small as it may have been), he was

Responsive - answered my emails etc. promptly
Understanding of the issue. - he quickly grasped the issue and
Proposed solutions
Approachable - yes

"

Guy Verduystert (Sep 26, 2021)

Child Support Agreement Adjustment

Available in the following locations: Alicante, Arrecife, Barcelona, Benidorm, Cadiz, Castellon, El Campello, Estepona, Fuengirola, Gandia, Girona, Granada, Jaen, L`Eliana, La Manga del Mar Menor, Las Palmas, Los Alcázares, Los Cristianos, Madrid, Maspalomas, Mazarron, Murcia, Nerja, Orihuela Costa, Oviedo, Palma de Mallorca, Puerto del Rosario, Puzol, Seville, Torrevieja, Valencia, Velez Malaga, Vera, Vigo.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

Location

1Who is this Service for?

Following a split between the parents of a child, whether by divorce or not, an agreement must be drafted to detail any financial responsibilities held by the non-custodial parent.

Since the circumstances of the non-custodial parent may change over time, it is possible to petition the court to have any previously agreed to financial arrangements amended.

2What does this service consist of?

  • Review of the original child maintenance or alimony agreement by a lawyer specialised in the field
  • Discussion on legal options to enforce or vary the terms of the agreement
  • Negotiation with the other party
  • Initiation of legal proceedings where necessary and and representation throughout
Support services

3Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

Why choose Advocate Abroad?

AdvocateAbroad.com Message
Established more than
10 years ago
Present in 20
European Countries
Over 30,000 client enquiries
successfully managed