Parental Responsibility and Custody Spain

Parental authority is initially determined by the known relationship or filiation of the child’s birth parents with their biological or adopted children.

In Spain, parental authority is governed by the Civil Code, and comprises the range of rights conferred by law on parents over the persons and property of their children. It also comprises the duties to be fulfilled by parents with respect to their children.

Once filiation has been registered, and therefore also the initial parental authority of the parents with respect to their children, this authority can only be restricted, suspended or recovered through a decision by a court.

Full information in English on the government website HERE

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.