If you’re a foreign parent living in Spain or divorcing a partner in Spain, understanding how child custody (custodia) is handled is crucial. Spanish courts prioritize the child’s welfare, but legal terms and procedures may differ from your home country.
This guide explains the basics of child custody in Spain for foreign families.
⚖️ Legal Types of Custody in Spain
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🤝 Custodia Compartida (Joint Custody)
Both parents share physical and legal custody. It is increasingly favored by Spanish courts. -
👤 Custodia Exclusiva (Sole Custody)
One parent has primary custody, while the other gets visitation rights unless deemed unfit. -
📍 Visitation Regimes (Régimen de Visitas)
The non-custodial parent typically has regular contact — weekends, holidays, or as agreed.
🏛️ How Courts Decide Custody
Spanish judges consider:
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Best interests of the child
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Relationship with each parent
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Stability of home environments
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Sibling placement (courts avoid separating siblings)
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The child’s preferences (if mature enough)
🌍 Foreign Parents: What You Should Know
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Spanish courts can decide custody even if one parent lives abroad.
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International conventions (e.g., Hague Convention) may apply.
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Mediation is encouraged but not mandatory.
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You may need translations of foreign documents or court orders.
🛡️ How Borderless Lawyers Can Help
We assist foreign parents by:
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Representing them in custody cases
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Preparing parenting plans and agreements
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Enforcing or contesting foreign custody orders
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Navigating international custody conflicts
📌 Summary: Child Custody in Spain
| Custody Type | Description |
|---|---|
| Joint Custody | Shared legal and physical responsibility |
| Sole Custody | One parent has custody, the other has visitation |
| Visitation Regime | Scheduled time with the non-custodial parent |
📞 Contact Borderless Lawyers Today
If you’re facing a custody situation in Spain, Borderless Lawyers is here to protect your parental rights. Book your consultation today and get expert legal guidance.