Child Custody Lawyer in Toledo

Decisions about children are always guided by the best interests of the child. We advise parents in Toledo, Madrid and across Spain on custody, visiting arrangements, child maintenance and the modification or enforcement of existing orders, including cases involving two countries.

Types of custody in Spain

Sole custody

The children live mainly with one parent, who exercises day-to-day care, while the other parent has a visiting arrangement. Parental responsibility for important decisions normally remains shared.

Joint custody

The children spend alternating periods with each parent. Spanish courts assess the best interests of the child, the involvement and availability of each parent, the distance between the homes and working hours. It is not automatic.

Hearing the child

Children with sufficient maturity, which is presumed from the age of 12, are heard by the court, although their opinion is not binding.

Visitation and child maintenance

Visiting arrangements

These typically include alternate weekends, a share of the school holidays and public holidays, and communication by phone or video. Supervised visits at a family meeting point may be ordered where there is conflict or risk.

Child maintenance

It is set according to the income and resources of each parent and the real needs of the child, such as food, housing, education and healthcare. Extraordinary expenses are usually shared.

Unpaid maintenance

Unpaid maintenance can be claimed by enforcing the judgment, including wage garnishment. Failing to pay for two consecutive or four non-consecutive months may amount to a criminal offence.

Modification of orders

Custody, visiting arrangements and maintenance can be modified when circumstances change substantially.

Children and international moves

Relocation with children

A parent who wants to move to another city or country with the children generally needs the agreement of the other parent or a court authorisation.

International child abduction

Taking or keeping a child abroad without consent can constitute abduction under the 1980 Hague Convention and, in Spain, a criminal offence under Article 225 bis of the Criminal Code. The return procedure is urgent.

Travelling with children

If the parents disagree about a trip abroad, either of them can ask a judge to decide. Provisions on travel and relocation should be included in the settlement agreement.

Frequently asked questions

Does joint custody mean there is no child maintenance?

Not necessarily. If there is an imbalance in the incomes of the parents, maintenance may be ordered even with joint custody.

At what age can a child choose which parent to live with?

There is no fixed age at which the child decides. Children with sufficient maturity are heard and their opinion is taken into account, but the decision belongs to the judge.

What can I do if the other parent does not respect the visiting arrangement?

You can ask the court to enforce the judgment. The judge may impose periodic fines and, in the case of repeated breaches, modify the measures.

Can custody be changed after the judgment?

Yes, through a modification procedure when circumstances change substantially.

Related legal matters

• Family lawyer in Toledo
• Divorce lawyer in Toledo and Madrid

Contact us

Tell us about your situation and we will explain which custody and visiting arrangements may be best for your children. Call us on +34 925 222 966, message us on WhatsApp or visit our contact page.