Have you ever wondered at what age a child gets to choose who they want to live with? In Spain, the answer is not always clear-cut. In this blog post, we will explore the legal framework surrounding this issue, as well as some of the practical and emotional challenges that children and families face when making this decision.
Legal Framework
In Spain, there is no set age at which a child can legally choose who they want to live with. Instead, the decision is made by a judge, who will consider a variety of factors, including the child’s age, maturity, and wishes, as well as the circumstances of the parents. In general, however, children under the age of 12 are not considered to be old enough to make this decision on their own.
Factors Considered by the Court
When making a decision about where a child should live, the judge will consider a number of factors, including:
- The child’s age and maturity
- The child’s wishes
- The relationship between the child and each parent
- The ability of each parent to provide a safe and stable home for the child
- The potential impact of the decision on the child’s emotional and psychological well-being
Problems and Solutions
The decision of where a child should live can be a difficult and emotional one for all involved. Some of the problems that can arise include:
- The child may feel torn between their parents and may have difficulty choosing one over the other.
- The parents may disagree about where the child should live, which can lead to conflict and further emotional distress for the child.
- The decision may have a negative impact on the child’s relationship with one or both parents.
There are a number of things that can be done to help address these problems, including:
- Encourage the parents to work together to come to an agreement about where the child should live.
- Provide the child with support and guidance as they make their decision.
- Ensure that the child has access to legal representation so that their wishes can be heard.
Examples
Here are some examples of cases in which a child has been allowed to choose who they want to live with:
- In 2019, a 12-year-old girl in Madrid was allowed to choose to live with her father after she told a judge that she was afraid of her mother.
- In 2018, a 14-year-old boy in Barcelona was allowed to choose to live with his mother after he told a judge that he did not feel safe living with his father.
- In 2017, a 16-year-old girl in Valencia was allowed to choose to live with her grandparents after she told a judge that she was being abused by her parents.
Expert Opinions
Experts in child psychology and family law agree that the decision of where a child should live should be made on a case-by-case basis, taking into account all of the relevant factors. They also agree that it is important to involve the child in the decision-making process as much as possible.
In conclusion, the age at which a child can choose who they want to live with in Spain is not set in law. Instead, the decision is made by a judge, who will consider a variety of factors, including the child’s age, maturity, and wishes, as well as the circumstances of the parents. The decision can be a difficult and emotional one for all involved, but there are a number of things that can be done to help address the problems that can arise.
