One of the most difficult matters to deal with when separating or divorcing is the matter of the custody of the children, which is treated by the Courts in Spain as a separate issue to maintenance and financial issues.
If the children reside in Spain, this matter has to be dealt with by the Spanish Courts. After divorce, custody of children under 18 can be given to either parent, although commonly it is joint or to the mother. Once the children are 13 their views are taken into account.
The spouses prepare an agreement with visitation times and this agreement is incorporated into the divorce agreement and if the Judge is happy, he will ratify it. To change this, you would need to go back to Court to have a new agreement ratified. If there is no agreement on the child custody, of course the Judge will look at all aspects before making a decision.
Obviously this is one of the most important issues that may happen in your life and it is important to prepare for what you want for the best for your children.
The parent without the right of custody still has some basic rights, such as to be informed of any major incident with the child, to be able to return to Court if something happens to the visiting schedule and to make some decisions regarding their upbringing. If you are in this situation, you should make sure you are aware what your rights are.
We are extremely experienced in this area and if you need our help, please contact us and we will arrange an appointment for you with our lawyer.