Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Browse our 1 legal question about Child Custody in Spain and the lawyer answers, or ask your own questions for free.
In Madrid, Spain, child custody law typically favors joint custody, where each parent contributes equally to the upbringing of the child. Both parents are given equal duties and responsibilities unless one of them is disqualified due to certain circumstances, such as ongoing criminal cases or unfavorable living conditions, among others. The best interest of the child is prioritized over all other aspects.
There are various situations where you may require legal help in child custody cases. These situations may range from disagreements with the other parent over custody arrangements, allegations of domestic violence or child abuse, relocation desires of one parent, or even concerns about the child's wellbeing under the care of the other parent. A lawyer can provide much-needed support and advice during such trying times.
The key aspects of child custody laws in Madrid include the notion that both parents are considered equally fit for custody unless proven otherwise. The child's best interest is paramount, and judges have the discretion to decide on custody arrangements based on this principle. Moreover, children over 12 years old can express their preference in custody matters, and this is considered by the judge in the final decision. However, the child's preference is not binding and is weighed alongside other factors.
In general, a parent can't refuse visitation rights unless there's a solid reason that visitation may cause harm to the child. Any such decisions typically require court approval.
The court considers various factors, including the child's age, health, emotional ties with each parent, parents' ability to care for the child, any history of family violence or substance abuse, and the child's ties to school, home, and community.
In Madrid, once a child is 12 years old, they can express their preference to the judge. However, the judge is not bound by this preference and will consider it as part of a wider set of factors in determining the best interest of the child.
Relatives, especially grandparents, can apply for custody or visitation rights if they can prove that it is in the best interest of the child.
Child support payments are calculated based on various factors, including both parents' income, number of children, and the needs of the children.
The Spanish Ministry of Justice provides a variety of resources related to child custody issues. Additionally, there are numerous non-profit organizations and advocacy groups which offer free legal advice, resources and counselling for issues related to child custody.
If you need legal assistance in Child Custody, the first step would be consulting a lawyer who specializes in family law. Prepare a list of the key points you want to discuss during your consultation, which should include your concerns, goals, and any essential facts about your situation. Your lawyer will be able to guide you through the legal process and assist in defending your rights and the best interest of your child.
