When parents separate or divorce in Spain, decisions about child custody, visitation, and financial support are among the most sensitive and important aspects of the process. For foreign residents, or couples of different nationalities, the legal framework can seem complex. Here’s what you need to know about how custody works under Spanish law and how to protect your parental rights.
What types of child custody exist in Spain?
Spanish law recognises two main types of custody (custodia):
-
Sole custody (custodia exclusiva): The child lives mainly with one parent, while the other has visitation rights.
-
Joint custody (custodia compartida): Both parents share responsibility and time with the child more equally.
The court decides based on what is in the best interests of the child, not on the parents’ preferences. Factors such as age, stability, emotional well-being, and each parent’s ability to care for the child are carefully assessed.
Does Spain favour joint custody?
In recent years, Spanish courts have increasingly favoured shared custody, as it is generally considered beneficial for the child to maintain a stable relationship with both parents.
However, it is not automatic — the court must verify that both parents can cooperate, communicate, and provide a balanced environment.
At Atlantic Law Tenerife, we help clients prepare the evidence and structure needed to demonstrate their capacity to provide a safe and stable family dynamic.
What happens if parents cannot agree on custody?
If the parents cannot reach an agreement, the case goes to court, where a family judge decides after analysing reports from the Public Prosecutor’s Office, psychological experts, and sometimes a social worker.
The judge will issue a court order determining custody, visitation schedules, and child support payments.
When an amicable solution is not possible, having a lawyer experienced in family litigation is essential to protect your parental rights and present the best evidence before the court.
Can a foreign parent request custody in Spain?
Yes, as long as the child resides in Spain, Spanish courts have jurisdiction to decide on custody, even if one of the parents lives abroad.
If the family lived in Spain before separation, or the child goes to school here, Spanish law usually applies.
In cross-border situations — for example, when one parent moves back to the UK or another EU country — international conventions such as the Brussels II Regulation and the Hague Convention are used to determine which country has jurisdiction.
What if the other parent takes the child abroad without consent?
This is considered international child abduction. Spain is part of the 1980 Hague Convention, which allows the left-behind parent to request the child’s prompt return.
Our firm provides legal assistance in both preventing and responding to wrongful removals or relocations, coordinating with foreign authorities and central agencies when necessary.
How is child support determined in Spain?
Child support (pensión de alimentos) is calculated based on the income of both parents, the needs of the child, and the time each parent spends with them.
The amount is not fixed by law but decided by the judge, taking into account detailed financial documentation.
In joint custody, both parents contribute proportionally to the child’s expenses.
Can custody or child support be modified later?
Yes. Custody arrangements and child support can be modified if there is a substantial change in circumstances — such as relocation, loss of employment, or new family situations.
A lawyer can request a modification of measures before the same court that issued the original order, providing the necessary evidence of the change.
Do I need to attend court in person?
Not always. If you live abroad, you can grant your lawyer a power of attorney to represent you in Spain. This allows us to manage the proceedings without you needing to travel for every hearing.
Why hire a bilingual lawyer in Tenerife?
Family cases involving foreign nationals often require communication between different jurisdictions, translations, and certified documents.
At Atlantic Law Tenerife, we offer personalised legal assistance in English and Spanish, ensuring that you understand every stage of the process. Our goal is to defend your parental rights with empathy, precision, and transparency.
