Child Custody & Visitation Rights in Spain

Child custody Spain

When a divorce decree is issued by the Spanish Courts, wherever minor children are involved, it is always necessary for the following components to be included:

  • Attribution of custody of the children
  • Visitation schedule for non-custodial parent
  • Child Maintenance Payments to be made by the non-custodial parent

Normally no time-limit is envisaged nor stated for the above ‘custodial-terms’ and as a result it is quite common for the non-custodial parent to ask, until what point will they have to pay child maintenance? for how long will their visits be regulated by the divorce decree?

Economic Independence

Both the custody of the children and the visitation rights of the non-custodial parent terminate once the children reach the age of majority at 18 years of age, automatically. This happens together with the parental rights and responsibilities over the child terminating. However, the obligation to pay child maintenance ends when the children have economic independence, such that, if the children continue with their education, it will be necessary to continue making child maintenance payments until such time as their studies have completed plus a prudent time period to allow for the search for work. It is understood that the studies undertaken by the child must bear fruit and be reasonably successful, such that it is insufficient for the child to simply enrol for a course, year after year, but rather that there must be some type of degree or diploma sought and obtained.

Where studies are undertaken, it is necessary to request before a judge, the termination of the obligation to pay child maintenance, as in such cases they do not extinguish automatically. This is achieved via the proceedings known as ‘modification of [judicial] measures’ (modificación de medidas). While there is in existence a divorce decree that establishes the obligation to pay the child maintenance, then such obligation shall continue to exist, and accordingly it is important to initiate the modification of measures before stopping any payment.

 

Use and Enjoyment of the Family Home

Another of the important components that may form part of the divorce decree relates to the use and enjoyment of the family home (as opposed to the ownership of same which does not change). When there are minor children of the marriage, use and enjoyment is attributed to the custodial parent in whose company the children remain, and for their benefit. As a result, it will become necessary to request that this right to use and enjoyment be extinguished for the non-custodial parent to have access to home. In such proceedings the non-custodial parent may request their own personal use and enjoyment of the home or the sale of the property free of charges and the termination of the matrimonial assets regime and the distribution of those assets.

Related Services

20 Lawyers Offering Child Support Agreement Adjustment Services in Spain

Testimonials for our Child Support Agreement Adjustment service
  • Richard Flawn
    Richard Flawn , Alicante

    I Found Jose very professional and knowledgeable regarding my divorce proceedings and would gladly recommend him.


    May 31, 2020
  • 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.


    Sep 29, 2019
  • Eamonn Gomez
    Eamonn Gomez, Madrid

    Francisco was extremely helpful, he couldn't have done more.


    Sep 07, 2019
  • Marion Brennan
    Marion Brennan, Alicante

    At every stage of our family case, Jose Antonio has been knowledgeable and thorough, very professional while remaining kind and supportive and ensured that we took the right steps for a positive outcome.


    I would highly recommend Jose Antonio for legal representation.


    Jun 29, 2019
  • Keisha
    Keisha, Valencia

    Inmaculada was professional and also demonstrated compassion and understanding during this difficult period in my life.


    Apr 03, 2019
  • Wayne
    Wayne, Valencia

    Francisca was very informative and helpful. She handled my divorce professionally and made it easy for me throughout the process.


    Highly recommend and reasonable fees. Thank you, Francisca!


    Mar 16, 2019
  • Wayne Cherry
    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
  • Candy
    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
  • Ryan
    Ryan, Alicante

    José was an absolute professional from start to finish. Every deadline was met on time. José made the process for us extremely comfortable and straight forward.


    He went over and above his position to help us finalise certain things related to our case, and quite honestly, if you get an opportunity to use his services, you will be more than happy with the outcome.


    Thank you again José and I wish you the best for you and for your family!


    Jan 07, 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
  • Julie Smith
    Julie Smith, Torrellano

    I can't compliment my solicitor enough.


    From our initial meeting right through to my ultimate divorce (with no unpleasant surprises the entire duration of the entire process), he immediately responded to my many enquiries, always had mine and my daughter's best interests at the forefront of any considerations and was well worth every penny of his extremely reasonable fee.


    Excellent value for money, totally approachable and very professional and understanding. I highly recommend him and will continue to retain his services for other matters in the future.


    Apr 20, 2018
  • Eric Van Der Straeten
    Eric Van Der Straeten, Belgium

    Mr. Sempere Gelardo was a pleasure to work with. This lawyer has an understanding of difficult matters that surpasses most of his colleagues.


    He replied to my demand the next day and in fluent English assisted me in the case I presented to him.


    His professionalism, together with a lot of empathy, gave me a feeling of security. The results were of the same high standard.


    I can only thank him and would recommend him to anybody who is in need of legal assistance in the region of Alicante.


    Nov 17, 2017
  • D slocombe
    D slocombe, Spain

    Jose is very friendly and understanding.


    I am very satisfied and I would you use the same lawyer again in the future.


    May 19, 2017
  • Sharon williams
    Sharon williams, London

    Christina was very helpful and a good listener to what my worries and needs were.


    She responded to what I needed very professionally and sufficiently. I will and shall be using Christina again if necessary.


    Mar 10, 2017
  • Louise Kirby
    Louise Kirby, Alicante

    Jose Antonio is a very dedicated lawyer. He ensures he has a deep understanding of the case and provides excellent advise on a range of issues.


    He has often replied to queries out of hours and works hard to provide the best outcome for his clients.


    His service is outstanding and I would highly recommend him.


    Feb 15, 2017
  • Stanley Jones
    Stanley Jones, Llano del Camello

    I am very satisfied with Oliver, he was very helpful and always happy to assist.


    I would definitely use the same lawyer again in the future.


    Jan 17, 2017
  • CW
    CW, Ibiza

    Very knowledgeable and supportive from the outset.


    Made to feel very comfortable and nothing was too much trouble. Very highly recommended.


    Nov 22, 2016
  • Michelle Richardson
    Michelle Richardson, UK

    Domingo has great empathy, and works hard with great understanding of your needs.


    Domingo is available and flexible, he is there for you always, and very professional at all times.


    My case was a difficult one,Domingo did all he could given the circumstances, I could not of have asked for more.


    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 !

    Overall I am very satisfied with the service.


    Mar 13, 2015
  • Maureen Brown
    Maureen Brown, Benidorm

    Juan kept us up to date on everything.


    He was very understanding, very good value for money, explained everything we needed explained. We understood everything he told us. His English was first class


    The service from Juan was first class. We would recommend him to anyone.


    May 23, 2014