Whether you’re separating, divorcing, or managing parenting responsibilities as a non-married couple in Spain, understanding child custody law is critical — especially for foreigners and international families. Spanish courts prioritize the best interest of the child, but knowing your rights can make all the difference.
In this guide, we’ll break down the different types of custody in Spain, how visitation works, and what expats should know.
🧾 Who Has Custody Rights in Spain?
In Spain, custody is not automatically awarded to the mother or father. Courts aim to maintain the child’s emotional stability, family ties, and access to both parents.
Custody Can Be Requested By:
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Biological parents
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Adoptive parents
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Legal guardians (in rare cases)
👨‍👩‍👧 Types of Custody in Spain
1. ⚖️ Sole Custody (Custodia exclusiva)
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One parent has full custody
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The non-custodial parent has visitation rights
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Common when there’s conflict, instability, or risk
2. 🤝 Joint Custody (Custodia compartida)
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Both parents share responsibility
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The child may live alternately with each parent or have a fixed residence with shared decision-making
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Increasingly favored by courts — especially if both parents are involved and live nearby
Note: Courts rarely deny visitation rights unless there’s proof of danger or abuse.
đź“… Visitation Rights (RĂ©gimen de visitas)
When one parent has sole custody, the other is usually granted structured visitation:
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Weekends (alternate)
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One or two afternoons during the week
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Half of school holidays
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Alternating summer vacations
A custom agreement can be drafted and submitted to the court — if parents agree.
🇪🇺 International Custody Cases
When children have multiple nationalities or live between countries:
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Spanish courts apply the Hague Convention on international child abduction
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The child’s habitual residence is key to determining jurisdiction
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Spain recognizes foreign custody agreements, especially from EU countries
Learn more: 👉 International Child Abduction & Hague Convention in Spain
đź“ś Legal Process: How Custody Is Decided
A. If Parents Agree:
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Draft a parenting plan (visitation, holidays, expenses)
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Submit to court for approval
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Faster and more peaceful resolution
B. If There’s No Agreement:
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A family judge will evaluate:
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The child’s well-being and preferences (if old enough)
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Emotional and financial stability of each parent
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The ability to co-parent effectively
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Judges may request psychological evaluations or a family report (informe psicosocial)
🛂 What Foreign Parents Need to Know
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Foreign parents can request custody even without Spanish nationality
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All documents (e.g., foreign birth certificates) must be translated and apostilled
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Custody rulings are enforceable across the EU via the Brussels II Regulation
đź’¸ Who Pays for the Child?
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Both parents are responsible for child support, based on income and custody arrangement
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A judge may set a monthly amount for the non-custodial parent
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Courts ensure the child’s standard of living is maintained post-divorce
🧠Tip: Be Proactive, Not Reactive
Even if you’re not married, or you’ve moved to Spain recently, setting clear terms about your child’s care will:
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Avoid future legal disputes
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Provide stability for your child
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Help enforce cross-border agreements
👩‍⚖️ How Borderless Lawyers Can Help
We help foreign and international families:
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Negotiate custody & parenting plans
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Represent you in Spanish family courts
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Enforce or register international custody rulings
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Handle cases involving relocation or abduction concerns