How Child Custody Works in Spain
In Spain, child custody (“custodia”) is part of a broader legal framework that protects the best interests of the child. Whether you’re going through a divorce, legal separation, or settling an international custody dispute, understanding your rights is essential.
At Borderless Lawyers, we help both Spanish and international parents resolve custody matters with clarity, legal protection, and compassion.
👥 Types of Custody in Spain
🤝 Shared Custody (Custodia Compartida)
This is the preferred model in most Spanish courts:
- Both parents actively participate in the child’s upbringing
- Children may split time between homes or live primarily in one
- Requires high cooperation and logistical agreement
✅ Common when both parents live in the same city and can cooperate effectively
👤 Sole Custody (Custodia Exclusiva)
Granted when shared custody is not in the child’s best interest:
- One parent makes day-to-day decisions
- The other parent typically retains visitation rights
📌 Often granted if there is a history of abuse, neglect, or geographic distance between parents
🌍 International Parents and Custody Rights
Spain recognizes the rights of foreign parents as long as the child resides in Spain or has habitual residence here.
Key Points for International Cases:
- Hague Convention applies for international child abduction
- Foreign custody rulings can be recognized in Spain
- Spanish courts prioritize stability and the child’s routine
🔒 We handle complex, cross-border custody cases with multilingual legal support
🧾 What Courts Consider When Granting Custody
Spanish courts base their decisions on the best interest of the child, considering:
- Emotional bond with each parent
- Stability of the home environment
- Proximity to school, healthcare, and extended family
- Each parent’s ability to cooperate
👨⚖️ Judges may also consult psychologists or child protection services in disputed cases
📑 Legal Requirements for Custody Proceedings
- NIE (Foreigner ID) for both parents
- Family Book (Libro de Familia) or birth certificate
- Proof of income, housing, and school enrollment
- Parenting agreement (if mutual)
- Mediation records (if applicable)
✍️ All documents must be translated into Spanish and legalized if issued abroad
🛠 How Borderless Lawyers Supports You
- ✅ Representation in family court, including appeals
- ✅ Drafting and reviewing parenting agreements
- ✅ Mediation and psychological expert coordination
- ✅ Multilingual communication with Spanish authorities
- ✅ Emergency legal action for urgent child protection cases
🚸 Custody & Other Legal Issues
We also assist with:
- 🛫 International relocation or travel with children
- 💶 Child support calculations and enforcement
- 🕊️ Custody after domestic violence or protective orders
💬 Real-World Example
Case: A Canadian mother and Spanish father separated while living in Madrid. We helped secure shared custody while ensuring the mother could travel to Canada during holidays, and both parents agreed on the child’s bilingual education.
🌐 Ready to Protect Your Parental Rights?
At Borderless Lawyers, we understand the legal and emotional complexity of custody cases—especially for expat families. Whether you’re seeking shared custody, defending your rights as a non-custodial parent, or navigating international family law, we’re here to help.
📞 Speak with a family lawyer today — 100% confidential consultation in English or Spanish.