Parental responsibility and custody
Content
About parental authority
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.
Who holds parental authority?
Both parents have parental authority. In the event of breakdown of the marriage or partnership, this is unaltered.
Recording of parental authority in the Civil Register
No specific entry is required in the register
The initial parental authority deriving from filiation is not specifically recorded in the Civil Register. In other words, there is no specific entry, other than what can be discerned from the registration of the child’s birth.
What can be entered in the register
Events that affect parental authority, apart from the death of the parents, are entered in the Civil Register.
Incidents affecting the circumstances, exercise, and change to the exercise of parental authority may be entered in the register.
How incidents are recorded
Incidents affecting parental authority are recorded in the margin of the entry registering the child’s birth.
Where they are recorded
In the Civil Register in which the birth of the minor was recorded.
Further information about parental responsibility and custody
Further information about parental responsibility and custody is available on the European e-Justice Portal - Information from Spain
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