During the divorce process of a couple with children, what is expected of the breakup is that it is the least harmful to minors. In child custody after a divorce, the welfare of children should always prevail. Therefore, from our law firm on the Costa del Sol, we show you the different types of child custody that exist in Spain.


Types of child custody in Spain:


Single-parent custody in Spain.

In this type of custody of minors, a custodial parent will be in charge of the care of minors and he will be in charge of managing the alimony that corresponds to the children. The non-custodial parent may enjoy the right of visits.


Shared custody in Spain.

It is the most recommended by the Supreme Court. This type of custody of minors in Spain is that the two parents will be able to enjoy the children in alternate periods, being on an equal footing with their needs. Periods of stay with each parent are usually for fortnights, per month or, in some cases, by quarters.


Party or Distributive Child Custody in Spain.

Is the least used formula. This type of child custody occurs when, if you have multiple children, the judge assigns a parent custody of one or more children and the other parent custody of the other children. This custody of minors in Spain applies in very justified cases, since it is always advisable to have family unity and not to separate the brothers.


Child Custody attributed to a third party.

It is a form of guardianship and singular custody, regulated in article 103 of the Civil Code, always being applicable for the good of the minor. A judge may grant custody of minors to other persons other than the parents, such as grandparents, close relatives, or other suitable persons; always in extraordinary circumstances.


Faced with each type of custody of minors in Spain, two positions can be adopted:

– In the first of them, the minors do not move from the property, the parents taking turns in the same property that was the family home. This is known as a “nest house” and has been going on for a while. However, this method was found to cause more conflicts than it was trying to avoid.

– For this reason, the jurisprudence was opting for the second position: shared custody with displacement of minors. In this method, it is the children who move from the home of one parent to the home of the other, depending on the time of coexistence with one or the other.

Currently, this type of custody of minors in Spain is quite assumed, always seeking not to cause too much damage to the minor so as not to uproot him from his environment.

On the other hand, the periods are distributed according to the needs and circumstances of each of the parents, so it is not unreasonable that said custody in Spain is developed with the help of third parties such as the grandparents of the minors, relatives close or friends; that they can, at a given moment, take them to deliver the minor to the other parent.


Child Custody in Spain

Meeting point in Child Custody in Spain

When there is high conflict between parents, it is usual to request that the delivery and collection of the minors be carried out at a meeting point. This meeting point, managed by the public administration, is a place where a parent leaves the minors and leaves, after which they are attended by an official or assistant from that meeting point, until the other parent arrives to pick them up.

To learn more about the different aspects to take into account regarding the types of custody of minors after a divorce in Spain, do not hesitate to contact our law firm.



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