Custody refers to the effective time that the children spend with their parents, and Parental authority is usually referred to as ‘patria potestad’. It includes the following obligations:
1) Looking after the children, being with them, feeding them, educating them and ensuring that they receive a well-rounded education.
2) Representing the children and administering their property.
3) Making all the relevant decisions regarding the type of education, moral views and health/medical decisions.
In the event that the parents separate, divorce, split up or do not live together, all the rights and duties regarding minors, in relation to their persons and their property, belong to both parents, except in exceptional circumstances.
If the parents live apart, usually, custody in Spain will be exercised by the parent with whom the child lives and parental authority in Spain will be exercised by the two parents.
If the parents do not reach agreement on the specific type of custody in Spain, will be decided by the Judge on a case-by-case basis, in accordance with the best interests of the children.
In order to determine the jurisdiction in Spain or Court place in which to lodge the petition, is necessary to study case by case the particular circumstances. However, the general applicable criteria is the Court of First Instance of the place of last shared residence of the parents.
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