Guardianship and Custody, All you need to Know

What is Guardianship and Custody?

Guardianship and custody refer to the legal responsibility to care for and educate a child. In this context, rights and duties are established for parents regarding how the child’s daily life will be managed, covering aspects such as education, health, and overall well-being.

Types of Guardianship and Custody

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

1. Shared Custody: In this model, both parents share responsibility for the care of the child. The aim is for the children to maintain a balanced relationship with both parents, alternating their time between the two homes. This system has become increasingly common, as it is considered beneficial for the emotional development of the children.
2. Sole Custody: In this case, only one parent has full responsibility for the child. The other parent generally maintains visitation rights. This arrangement may be established based on each family’s particular situation, such as the amount of time each parent can dedicate to the child or the stability of the family environment.
3. Provisional Custody: In situations where the family situation is unstable, the judge may establish provisional custody until a final custody decision is made. This usually occurs in contentious divorce cases or when there are concerns about the child’s welfare.

Factors to Consider in Custody Determination

The judge’s primary objective in deciding custody is always the best interests of the child. Several factors are taken into account:

• Relationship with the Parents: The quality of the relationship between the child and each parent is critical.
• Emotional and Economic Stability: The ability of each parent to provide a stable and secure environment is a key aspect.
• Child’s Opinion: If the child is mature enough, their opinion can also be considered.

Legal Process for Filing for Custody

To file for custody, it is necessary to submit a petition to the appropriate court. This process includes:

1. Initial Complaint: Preparation of a document outlining the reasons for the custody petition and presenting evidence to justify the request.
2. Hearing: The judge will summon both parties to hear their arguments and consider the welfare of the child.
3. Judgment: After the hearing, the judge will issue a ruling establishing custody and visitation arrangements, if applicable.