Child Custody & Visitation Rights in Spain

When a divorce decree is issued by the Spanish Courts, wherever minor children are involved, it is always necessary for the following components to be included:

  • Attribution of custody of the children
  • Visitation schedule for non-custodial parent
  • Child Maintenance Payments to be made by the non-custodial parent

Normally no time-limit is envisaged nor stated for the above ‘custodial-terms’ and as a result it is quite common for the non-custodial parent to ask, until what point will they have to pay child maintenance? for how long will their visits be regulated by the divorce decree?

Economic Independence

Both the custody of the children and the visitation rights of the non-custodial parent terminate once the children reach the age of majority at 18 years of age, automatically. This happens together with the parental rights and responsibilities over the child terminating. However, the obligation to pay child maintenance ends when the children have economic independence, such that, if the children continue with their education, it will be necessary to continue making child maintenance payments until such time as their studies have completed plus a prudent time period to allow for the search for work. It is understood that the studies undertaken by the child must bear fruit and be reasonably successful, such that it is insufficient for the child to simply enrol for a course, year after year, but rather that there must be some type of degree or diploma sought and obtained.

Where studies are undertaken, it is necessary to request before a judge, the termination of the obligation to pay child maintenance, as in such cases they do not extinguish automatically. This is achieved via the proceedings known as ‘modification of [judicial] measures’ (modificación de medidas). While there is in existence a divorce decree that establishes the obligation to pay the child maintenance, then such obligation shall continue to exist, and accordingly it is important to initiate the modification of measures before stopping any payment.

 

Use and Enjoyment of the Family Home

Another of the important components that may form part of the divorce decree relates to the use and enjoyment of the family home (as opposed to the ownership of same which does not change). When there are minor children of the marriage, use and enjoyment is attributed to the custodial parent in whose company the children remain, and for their benefit. As a result, it will become necessary to request that this right to use and enjoyment be extinguished for the non-custodial parent to have access to home. In such proceedings the non-custodial parent may request their own personal use and enjoyment of the home or the sale of the property free of charges and the termination of the matrimonial assets regime and the distribution of those assets.

You may be interested in the following services...

Client testimonials

"

I both purchased and sold a property in Spain utilising Francisca's services in both instances. I felt it was essential to use a lawyer as I am from the UK and this was my first experience of buying and selling in Spain and the system, process and tax requirements are very different and I wanted someone experienced and professional to oversee everything and 'hold my hand' through the process.

It seems that most Spaniards do not utilise a lawyer or use an independent property surveyor and the inmobiliaria/estate agent does a huge amount of additional work compared to what they do back home. This combined with the arras (deposit of thousands of Euros paid directly to the seller to 'secure' the property and take it off the market) made me nervous as it was so different to what I was used to in the UK - in some ways it's a lot better system.

Like most reading this review, I did a huge amount of internet research when looking for property to buy in Spain and from experience have found that there are many companies set up by Brits and other non-Spaniards that are looking to take advantage of first time buyers from their native countries by putting up flashy websites and charging exorbitant fees - without exception I found that the Spanish inmobiliaria/estate agent, lawyers, etc. were far more professional, hard working and able to get things done at a fair price. The challenge is, if like me, your Spanish language skills are poor to non-existent - my advice to you is to get used to using both Google Translate and WhatsApp on your mobile phone with a data package that works in Spain as these came to my rescue on multiple occasions and are invaluable.

Francisca's services through both the buying and selling process of my property were exemplary and professional at all times, her fees fair, her communication swift and her level of integrity beyond doubt. Some of Francisca's greatest non-lawyer strengths are her ability to empathise with a non-Spaniard buying property for the fist time in Spain, communicate the system clearly, set the necessary appointments / provide clear directions and generally 'hold your hand' through the process and sooth your nerves when necessary.

I would have no hesitation in recommending Francisca to anyone requiring the legal services (not just buying/selling property) of a lawyer in Spain and will certainly approach her again should I need such services again. It is rare to find a professional of this level of integrity in any industry or country.

We need more clones of Francisca across Spain! :-). From my experience, her services and professionalism cannot be improved upon.

"

Christopher Horne (Oct 02, 2020)

Child Support Agreement Adjustment

Location

Available in the following locations: Alicante, Arrecife, Barcelona, Benidorm, Cadiz, Castellon, El Campello, Estepona, Fuengirola, Gandia, Girona, Granada, Jaen, L`Eliana, La Manga del Mar Menor, Las Palmas, Los Alcázares, Los Cristianos, Madrid, Maspalomas, Mazarron, Murcia, Nerja, Orihuela Costa, Oviedo, Palma de Mallorca, Puerto del Rosario, Puzol, Seville, Torrevieja, Valencia, Velez Malaga, Vera, Vigo.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

1Who is this Service for?

Following a split between the parents of a child, whether by divorce or not, an agreement must be drafted to detail any financial responsibilities held by the non-custodial parent.

Since the circumstances of the non-custodial parent may change over time, it is possible to petition the court to have any previously agreed to financial arrangements amended.

2What does this service consist of?

  • Review of the original child maintenance or alimony agreement by a lawyer specialised in the field
  • Discussion on legal options to enforce or vary the terms of the agreement
  • Negotiation with the other party
  • Initiation of legal proceedings where necessary and and representation throughout

3Free Support Services Included

Support services

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.
Client testimonials

"Denis was able, knew his stuff, and was punctual. I received answers to all the questions I posed."

Richard Perry (Aug 11, 2022)

Child Custody Disputes

Location

Available in the following locations: Alicante, Arrecife, Barcelona, Benidorm, Cadiz, Castellon, El Campello, Estepona, Fuengirola, Gandia, Girona, Granada, Jaen, L`Eliana, La Manga del Mar Menor, Las Palmas, Los Alcázares, Los Cristianos, Madrid, Maspalomas, Mazarron, Murcia, Nerja, Orihuela Costa, Oviedo, Palma de Mallorca, Puerto del Rosario, Puzol, Seville, Torrevieja, Valencia, Velez Malaga, Vera, Vigo.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

1Who is this service for?

Following the break-up of a family unit, it is typical for one parent to take custody of the children, with the other parent receiving visitation rights.

However, it is all too common for such visitation rights not to be respected by the custodial parent and this can cause deep concern and distress for the non-custodial parent.

2What does this service consist of?

  • An Initial discussion with a specialist lawyer to understand the current position
  • Based on the initial information you provide, the lawyer will be able to determine your best legal options in the situation
  • Representation in negotiations with the other parent
  • As required, drafting of a new, binding agreement to ensure the non-custodial parent’s rights are respected
  • Alternatively, legal proceedings to obtain a Court Order that ensures the non-custodial parent has their visitation rights effectively restored.

3Free Support Services Included

Support services

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.
Client testimonials

"Angela’s English is perfect. She did an amazing job and kept me informed all though the process.

I will be recommending her to all my friends both in Spain and those in the UK with interests in Spain. I was happy with the end cost.
I cant praise her enough. Thank you Angela"

Michael Bates (Mar 31, 2021)

Divorce

Location

Available in the following locations: Alicante, Arrecife, Barcelona, Benidorm, Cadiz, Castellon, El Campello, Estepona, Fuengirola, Gandia, Girona, Granada, Jaen, L`Eliana, La Manga del Mar Menor, Las Palmas, Los Alcázares, Los Cristianos, Madrid, Maspalomas, Mazarron, Murcia, Nerja, Orihuela Costa, Oviedo, Palma de Mallorca, Puerto del Rosario, Puzol, Seville, Torrevieja, Valencia, Velez Malaga, Vera, Vigo.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

1Who is this Service for?

For anyone who wishes to initiate, or who needs to respond to, divorce proceedings or other family law proceedings including separation and annulment.

2What does this service consist of?

  • Initial discussion with a specialist lawyer to understand the current position and options for next steps
  • If initiating divorce proceedings, possibility to refer case to an Advocate Abroad solicitor registered by the Law Societies in the UK to provide consultation on whether divorce proceedings may take place in the UK
  • If proceedings in UK not possible or desired, filing of the divorce petition to the local Courts or formal legal response if responding to a petition for divorce in the local Courts
  • Certificate of English law arranged if applying English-law to the foreign divorce proceedings
  • Negotiation of all terms of the divorce settlement
  • Drafting/Review of the divorce agreement
  • Division and distribution of Matrimonial Assets

3Free Support Services Included

Support services

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.
Client testimonials

"Jose has provided me with outstanding help and advice over the last ten years.

I would not hesitate to recommend his services to anyone seeking legal advice in Spain. I have come to regard him as a friend over the period of our acquaintance. His fees are extremely reasonable, and has always replied to my queries within twenty four hours.

I cannot speak more highly of his professionalism and only wish I had been aware of his existence twenty years ago, when I first bought property in Spain."

Keith Wortley (Feb 18, 2021)

Modification of Family Law Court Orders

Location

Available in the following locations: Alicante, Arrecife, Barcelona, Benidorm, Cadiz, Castellon, El Campello, Estepona, Fuengirola, Gandia, Girona, Granada, Jaen, L`Eliana, La Manga del Mar Menor, Las Palmas, Los Alcázares, Los Cristianos, Madrid, Maspalomas, Mazarron, Murcia, Nerja, Orihuela Costa, Oviedo, Palma de Mallorca, Puerto del Rosario, Puzol, Seville, Torrevieja, Valencia, Velez Malaga, Vera, Vigo.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

1Who is this Service for?

An order may be made by a family law court to alter the living arrangements of a family, such as conferring the custody of the children on one or other parent, or indeed any other such order as it considers necessary to protect the interests of the children.

Either of the parents may wish to challenge this ruling – either at the time the Court Order is made or later, upon a change in circumstances of any or all of the parties involved.

2What does this service consist of?

  • An initial discussion with an experienced English-speaking family lawyer to discuss the particular circumstances of your case, including a review of the initial Court Order
  • Determination of your legal rights and those of the children as well as the legal options that you have to formally request a modification of the original Court Order
  • Presentation of the formal request and representation in Court to pursue the modification of the original Court Order.

3Free Support Services Included

Support services

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

Why choose Advocate Abroad?

AdvocateAbroad.com Message
Established more than
10 years ago
Present in 20
European Countries
Over 30,000 client enquiries
successfully managed