Independent lawyers · Jávea, Costa Blanca
Divorce with Children in Spain: Custody and Parental Responsibility
30+Years of Experience
How custody, time with each parent and child maintenance are agreed in a Spanish divorce by mutual agreement, and what international families should include.
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When parents divorce in Spain by mutual agreement, everything that concerns the children is set out in the settlement agreement, the convenio regulador, and approved by the court. Tomas Ballestero Lawyers prepares that agreement for international families, from our office in Jávea and our associated office in Dénia, on the Costa Blanca, in English, French or Spanish.
Two different thingsParental responsibility and custody
Spanish law distinguishes between parental responsibility, the patria potestad, and custody, the guarda y custodia. After a divorce both parents normally keep parental responsibility, so important decisions such as the children’s school, their health or a change of country of residence are taken by both of them. Custody decides who the children live with day to day.
Our family practice is limited to divorces by mutual agreement. We do not take on contested custody cases.
The convenio reguladorWhat the agreement covers
- CustodyShared custody, the custodia compartida, or custody with one parent, depending on what works for the family.
- Time with each parentThe weekly arrangements, school holidays, Christmas, birthdays and how the children travel between homes.
- MaintenanceThe child maintenance, the pensión de alimentos, how it is updated each year and how extraordinary expenses are shared.
- The family homeWho lives in the family home and until when, and what happens to it afterwards.
Because there are minor children, the divorce cannot be signed before a notary. The agreement is submitted to the court, the public prosecutor reviews it to check that it protects the children, and the judge approves it.
International familiesTravel and moving abroad
For families with ties to more than one country, the agreement should also deal with travel abroad, holidays in the other parent’s country and who keeps the children’s passports. A move abroad with the children needs the consent of the other parent or the authorisation of the court.
A court decision approving the agreement is recognised in the other countries of the European Union. Questions about the law of a country outside Spain are for an adviser there; we deal with the Spanish side and coordinate with them where needed.
Frequently asked questions
Can we agree on shared custody?
Yes. Many parents agree on shared custody. The court approves the arrangement when it is in the interest of the children.
What if we cannot agree?
Our practice covers agreed divorces only. Tell us the situation and we will tell you honestly whether an agreement looks possible.
Can each parent have their own lawyer?
Yes. Each spouse can be represented by their own lawyer, and many couples prefer it.
How we work
From our office in Jávea and the associated office in Dénia we work across the northern Costa Blanca: Jávea, Dénia, Moraira, Teulada, Benitachell, Benissa, Calpe and Altea. See also divorce in Spain by mutual agreement.
Tomas Ballestero Lawyers has advised international clients for more than 30 years.
Living abroad?
Much of the work can be done remotely, by email, phone and video call. Where the law requires each of you to confirm the agreement personally, we explain from the start how and where it can be done.
Call +34 607 320 768The lawyers who will handle your divorce
José Manuel Tomas
Property, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382
José Rico
Family Law · Valencia Bar no. 12075
Mariano Ortuño
Valencia Bar no. 6041
Manuel Lopez de Andujar
Property, Inheritance and Donations · Valencia Bar no. 7773
Juan Poch
Property, Inheritance and Donations · Alicante Bar no. 3607
María Salvá
Property, Inheritance and Donations – Dénia · Alicante Bar no. 3699
Antonio Rodríguez de Sola
Property, Inheritance and Donations – Dénia · Alicante Bar no. 3374
Selling the family home? See selling a property in Spain as a non-resident.
How we meetIn person in Jávea, or remotely
Remotely, from homeMost of the preparation is done by email, phone, WhatsApp and video call. Where Spanish law requires you to confirm the agreement personally, we tell you from the start how and where it can be done in your case.
How much do you charge?
Every case is different, so before any work starts we send you a written quote. You know our fee from the beginning, with no surprises at the end.
Next stepWhat happens when you contact us
- You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
- A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
- We tell you the next stepWhat needs to be checked first, and which documents would help.
- We confirm scope and feeIn writing, before any work starts.
- You decideNothing is commissioned until you say yes.
This page is general information about Spanish law and does not constitute legal advice. Every case is different and you should take advice on your own circumstances before acting.
Independent lawyers · Jávea
Divorcing in Spain by mutual agreement?
Tell us in a few lines what it is about. We reply the same day.
Tell us about your situationor call +34 607 320 768