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SabahAbogados

Child custody

Your children come first. We help you arrange their custody clearly and defend what is best for them.

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What it involves

Child custody decides who the children live with after a separation or divorce, and how time is shared with each parent. It can be joint or sole, with visiting arrangements for the other parent. Parental responsibility (patria potestad), that is, the important decisions about the children's lives, usually remains with both parents.

Is this your case?

  • You are separating and cannot agree on who the children will live with.
  • You want to apply for joint custody because you are very involved in their daily lives.
  • The other parent does not keep to the visiting arrangements or does not bring the children back on time.
  • You were not married and nothing about the children was ever put in writing.

How we help

We listen to how your children's routine works and what worries you. We propose a realistic parenting plan and seek an agreement with the other parent, because that is usually the least harmful option for the children. If that is not possible, we prepare the claim, gather the evidence and defend you before the family court. We also advise you if your partner lives in another country. We can help you in Spanish, Arabic, Tamazight, French and English, at our offices in Tenerife, Gran Canaria, Málaga and Barcelona or online, wherever you are in Spain.

Custody usually goes hand in hand with child support, and if circumstances change, we can apply for a modification of measures.

Frequently asked questions

Which is better, joint custody or sole custody?
There is no single answer. The judge decides based on the best interests of the child: the relationship with each parent, working hours, how close the two homes are and the child's stability. We help you put forward what best suits your family.
What do I do if the other parent won't let me see my children?
Keep messages and any evidence of the breaches, and do not respond with more conflict. If there is a court order, you can ask the court to enforce it; if there is not, it is best to apply for one as soon as possible.
Can I take my children to live in my country of origin?
In general, you need the other parent's consent or a court authorisation. Taking the children out of Spain without permission can have serious consequences, so talk to us before you travel or move.

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Let's talk

Tell us about your case.

A first conversation — confidential and without obligation — to understand whether we can help, and how.

We speak Spanish, Arabic, Tamazight (Berber), French and English.