Save and Custody in Spain: Everything You Need to Know

What is the Guard and Custody?

Custody and custody refers to the legal responsibility for the care and education of a child. In this context, rights and duties are established for parents on how the daily life of the child will be managed, including aspects such as education, health and general well-being.

Types of Guard and Custody

In Spain, there are several types of care and custody:

1. Shared CustodyIn this model, both parents share responsibility for the care of the child. Children are sought to maintain a balanced relationship with both parents, alternating their time between the two houses. This system has become increasingly common, as it is considered beneficial for the emotional development of minors.
2. Exclusive custodyIn this case, only one parent has total responsibility for the child. The other parent generally maintains the right of access. This can be established on the basis of the particular situation of each family, such as the time each parent can spend on the child or the stability of the family environment.
3. Provisional custodyIn situations where the family situation is unstable, the judge may establish provisional custody until final custody is decided. This is often the case in cases of contentious divorces or when there are doubts about the child's well-being.

Factors to Consider in the Determination of Custody

The main objective of the judge in deciding on custody is always the best interests of the child. To this end, several factors are considered:

• Relationship with ProgenitorsThe quality of the relationship between the child and each parent is fundamental.
• Emotional and Economic Stability: The ability of each parent to provide a stable and secure environment is a key aspect.
• Opinion of the minor: If the minor is mature enough, his or her opinion can also be taken into account.

Legal process to request custody

In order to apply for custody, it is necessary to file an application with the relevant court. This process includes:

1. Initial demand:: Preparation of a letter setting out the reasons for the request for custody and providing evidence to justify the request.
2. HearingThe judge shall call both parties to listen to their arguments and consider the welfare of the child.
3. JudgmentAfter the hearing, the judge shall issue a decision establishing custody and custody, as well as a regime of visits where appropriate.