icono telefono+34 91 350 28 42
icono whatsapp624190166
icono emailinfo@winkelsabogados.com
Quiero asesorarme

Lawyers specialised in Child Custody

Child custody (Parenting time arrangements) is one of the most important measures to be decided in separation or divorce proceedings. Whether by agreement between the parents or subject to a court decision in a judgment, the custody arrangement will determine how the time the child spends with his or her parents is distributed.

Thus, custody will be sole custody when the children spend more time with one parent, and shared custody when they spend equal time with one parent and the other.

Custody arrangements do not have to remain unchanged during the life of the child: it is possible to change them by means of a modification of measures process whenever it is shown that there has been a change that is beneficial to the child. A specialised team of lawyers will be of great importance in proceedings where shared custody is requested.

Do you need a family lawyer?

Contact us

We will respond as soon as possible.

Consent(Required)
This field is for validation purposes and should be left unchanged.

Child Custody

What is child custody?

Custody is the legal term used to refer to the division of time that the child will spend with each parent after the family crisis.

It is one of the measures on which the court must necessarily rule by means of a judgment in contentious cases in which the parents have not reached an agreement regulating their personal relations.

Likewise, the Regulatory Agreement of separation, divorce or paternal-filial measures made by mutual agreement between the parents must necessarily regulate the custody of the children, as well as the maintenance and other measures.

Custody may be established jointly between both parents (shared custody) or it may  be established in favour of one parent only, which gives the other parent visitation rights that must also be regulated.

Custody exercised by only one of the parents is called sole custody and can be maternal or paternal. The custody regime can be modified if this is expressly agreed or if there is a change in the circumstances that determined the choice of one or the other system.

Thus, the parent who is interested in the change of custody may initiate a judicial procedure called “modification of measures”, requesting that by means of a court ruling he/she be granted sole or shared custody of the children.

I need legal advice

Child Custody

Lawyers for shared custody of children in Madrid

At Winkels Abogados we understand the importance of custody arrangements in your divorce or separation proceedings.

We will analyse in detail the family situation and the reasons why you oppose or want a type of custody for your children.

In cases of sole custody, our lawyers will propose the visitation arrangements in favour of the non- custodial parent that is most beneficial for the child and in its best interests.

Winkels’ lawyers will propose agreements and request judicial measures to prevent parental conflict, outlining in detail the visitation arrangements. This will include precise schedules for custody exchanges and a comprehensive timetable with the child’s time with each parent.

We will also be able to offer advice on a change of custody, when the existing custody regime has ceased to work or you wish to change to shared custody.

The measures that are influenced by the decision on the custody regime, such as the distribution of holiday periods, child maintenance and the allocation of the home, will be assessed by the team of Winkels Abogados, both in the initial procedure and in the modification of measures, according to the specific circumstances of your case.

Contact

Child Custody

Types of custody

Sole custody of children

In sole custody, children spend most of their time with one parent, called the custodial parent (primary caregiver), and the non-custodial parent  has a right of access.

Depending on the age of the children and the specific circumstances of the case, visits may be only at weekends or may also agree on mid-week visits, with or without overnight stays.

The non-custodial parent must pay child support to cover the child ‘s expenses, considering that parents must contribute to the needs of their children in proportion to their income.

Sole custody may also entail other measures that are included in the judgment or agreement, such as the attribution of the use of the family home, which is granted to the custodial parent to reside there with the children until they reach legal age, which must be requested by the lawyers  of the interested party.

Modification of shared custody to sole custody is also possible when it is deemed to be in the child’s best interest.

Shared Custody of Children

In shared custody, the child´s time is well-balanced between one parent´s home and the other parent´s home.

It is usual for shared custody to take place for full weeks, in which the children alternate from one home to another, although the judgment or agreement, may establish different schedules for each parent.

Lawyers may also request an inter-weekly visit to be established, so that the child does not spend too many days without seeing one of them.

Shared custody is not in compatible with the establishment of a child maintenance in favour of the parent with less income, despite popular belief that it is.

Your family law lawyer will be able to apply for child maintenance for the parent who has better financial circumstances, to ensure that both parents contribute equitably to the costs of the children.

The establishment of shared custody also has an impact on the measure concerning the family home.

The measure of shared custody may also be agreed in the modification of measures proceedings, either in an agreement or in a court judgment.

We answer your questions

Frequently asked questions regarding custody of children

It is not a prerequisite for shared custody that there is a good relationship between the parents. However, it is an impediment when the relationship between the parents is so complicated that negatively impacts the children’s well-being.

Therefore, a high level of conflict may prevent the judgment from granting shared custody, generally to the detriment of the parent who generates the conflict.

It is therefore of great importance to have a team of specialised lawyers, with the ability to offer solutions that avoid conflict and protect the interests of the child, proposing the most appropriate measures for the children.

It is considered that the shared custody regime is the most beneficial, as a general rule, for the children. For this reason, shared custody will be granted unless there are circumstances that make it inadvisable, such as a high level of conflict or the will of the minor.

Children from the age of twelve are heard by the judicial body and may state whether they wish to spend more time with one parent or the other.

Children under the age of twelve may also be heard if the judge so decides, and lawyers may also request this.

Although their wishes are not decisive, they are taken into account and may lead to a change of custody in the judgment.

The passage of time and the age of the child may also be a sufficient circumstance to request the modification of measures and for shared custody be granted

The rules contained in the Civil Code applicable in Madrid prevent shared custody (shared parenting time arrangement) from being granted when there are legal proceedings for violence against women open against the parent.
In such cases, the judgment will grant exclusive maternal custody of the children with visits in favour of the father with the obligation to pay child maintenance.
Once the gender violence proceedings have been closed, a change to shared custody can be requested.
Once the judgment has been obtained to close the criminal proceedings, your family lawyers can request a change of the measures based on the modification of the circumstances to obtain shared custody of the children.

The Family Meeting Point is a body belonging to the Family Courts in which a team of experts (psychologists and social workers, among others) assist families in situations of high conflict or when there are criminal measures in force that prevent contact between the parents.
At the Meeting Point, a group of experts will supervise the development of the visits (supervised visits) or serve as a place for drop-off and pick-up of the children.
The Meeting Point will produce a series of reports explaining to the lawyers and the parents how the visits or pick-ups have been carried out, which may lead to a change of the visitation arrangements if necessary. The Meeting Point may have a waiting list, which in Madrid may be longer depending on the specific court.

The regulatory agreement is the instrument by means of which the parents express the agreement they have reached on the personal measures relating to their relations and the relations with their children after the family crisis (parental authority, custody, maintenance, housing, etc.).
The agreement can be reached in divorce or separation by mutual agreement and there is also the procedure for modification of measures by mutual agreement when there is a change of circumstances.
The agreement must be signed by the parents and submitted to the Court for approval of the measures, after ratification by the parents and a favourable report from the Public Prosecutor’s Office.

The drafting of the agreement will depend on negotiations between the lawyers and the parties.
Sometimes it will be difficult for the parents to reach a consensus on the content of the measures to be included: parental authority, custody, visitation arrangements and holidays, child maintenance, spouse maintenance and compensatory pension under Article 1438 of the Spanish Civil Code, allocation of the use of the home, and any others that may be agreed.
The lawyers will reflect the agreement in a regulatory agreement, which will be sent to the Court if there are minor children.
In Madrid, the waiting time from the time the agreement is presented until a resolution approving the measures is obtained can be around six months.

Custody may be granted exclusively to the mother when the minor child is breastfeeding, or is very young, and the work schedule of the other parent makes shared custody inadvisable.
It will be granted if there are circumstances of conflict or if the father is involved in proceedings for violence against women. The will of the children and their age will be other circumstances that determine sole custody.
The mother may request child support to be paid by the other parent to cover the child’s expenses, as well as the attribution of the use of the home until the children reach the age of majority.
In the Madrid Courts it is common for shared custody to be granted unless there are situations that make it inadvisable.

Sole custody in favour of the father may be granted when there are circumstances that prevent shared custody.
The lack of parenting skills of the other parent will be an argument that your team of lawyers will use to request paternal custody, with visits in favour of the mother and child maintenance to be paid by her.
In Madrid and in other cities it will also be possible to obtain paternal custody when there are criminal proceedings initiated against the parent.
The father as custodial parent may request the attribution of the use of the family home on a temporary basis or until the children reach the age of majority.

Other related Services

Modification of Measures

Modification of Measures
Lawyers specialised in Parental Authority

Lawyers specialised in Parental Authority