Shared Custody in Spain



The custody in Spain has a slightly different meaning than the custody in England.

According to the Spanish Law,  the custody means with whom are going  to live the children after the divorce or separation.

Traditionally,  the custody used to be granted to the mother in Spain and the father used to have the right to be with the children, one of two weekends as well as half of the Christmas, Easter and summer holidays.  

However, the Spanish courts  has started to change that form of custody and they has started to grant the shared custody which means each parent receives roughly equal amounts of time spent with the child.

In order to get the shared custody, are taking in consideration circumstances such us :

  • If the parents live  close to each other after the divorce or separation. For example,  in case one of the parents live most of the time in England and the other parent  in Spain, a  shared custody will not be granted.
  • The relationship that each parent had with the children before the divorce.
  • It is also important do not separate the children.  

In conclusion, the shared custody is not automatically granted in Spain, so it is highly recommended to be advised on details by Spanish solicitor, (  a family law specialist)  in order to apply for  a shared custody before the Spanish Courts .

Fernandez Abogados- Lawyers, will inform you about of all your rights in a divorce or separation process, as well as the best way to  apply for a shared custody in Spain .


Lourdes Fernández

Lawyers in Fernandez Abogados, lawyers allocated in Orihuela-Costa, Torrevieja area.


telf: 0034 966730264

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Fernández Abogados - Lawyers is a full- service  Law Firm located in Orihuela Costa, Playa Flamenca, Alicante.

The Law firm is widely experience in Family Law and Inheritance Law, Civil Law and Criminal Law. We are also jurist specializing on international Law.



 +34 966 730 264

Pablo Picasso, 1-2º local 10 
Playa Flamenca 03189 (Orihuela Costa)