Child custody Spain: joint custody permitted in more circumstancesIntroduction

Child custody Spain

The Justice Minister 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.

This is perceived as a major improvement (child custody Spain)

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”.

Article 92 (Child custody Spain) preserves the children’s rights to be heared by the court and keeps responsability on parent’s shoulders even after divorce.

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.

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Testimonials for Family Law
  • Eamonn Gomez
    Eamonn Gomez, Madrid

    Francisco and Carmen did a great job handling my divorce. In this difficult time for me, they handled the issues with understanding and flexibility.


    Francisco was very good in court and he could defend well against all the challenges made to the pre-nuptial contract my husband and I signed, so that it was upheld in full.


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    Sep 07, 2019
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    Apr 03, 2019
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    Francisca was very informative and helpful. She handled my divorce professionally and made it easy for me throughout the process.


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    Mar 16, 2019
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    Wayne Cherry, London, England

    Francisca was very informative and attentive to all of my inquiries and concerns. I would definitely be going back to her if needing her services again and would recommend her brilliant services.


    Mar 09, 2019
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    Candy, Cadiz

    Francisco was very responsive, supportive and understanding.


    Unfortunately, I had to use another lawyer who has helped me in another case.


    Feb 11, 2019
  • Alena Beerman (Santander)
    Alena Beerman (Santander)

    Jaime was wonderful - at first I had no idea how I'd get the support I needed in a country I don't know well and a language I'm not fluent in, and he made it a breeze. Would definitely use them again.


    Aug 24, 2018
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    Stanley Jones, Llano del Camello

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    Jan 17, 2017
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    Michelle Richardson, UK

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    Apr 19, 2016
  • Thomas Hills
    Thomas Hills, Spain

    Legally I believe everything was covered in what I think was a complicated situation, so I am satisfied that I was well represented.


    No problems were encountered with language, as the lawyer had perfect English. Meetings were scheduled and kept, which is good for Spain !

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    Mar 13, 2015
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    Maureen Brown, Benidorm

    Juan kept us up to date on everything.


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    May 23, 2014