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Can grandparents take care of grandchildren after divorce?

Can grandparents take care of grandchildren after divorce?

"They were harmful to the father, since any contact with the mother caused him anxiety".

It is one of the doubts that our clients of the office often make us in a divorce, above all for the outstanding interest in knowing if the grandparents of maternal or paternal part can take charge of their grandchildren, and what legal regime they have in our legislative system.

Well, in our legal system, specifically in art. 160.2 of the Civil Code, it is declared the right of the minor to relate to his relatives, including this expressly to siblings and grandparents, as long as there is no just cause to prevent this.

Therefore, the judge hearing the case will have to study the specific circumstances to determine that there is sufficient cause to deprive the minor of the visit of other relatives, always guided by the best interests of the minor.

Jurisprudentially, there are many sentences in Spain that speak of this search for recognition of visiting rights by grandparents.

The Supreme Court, in one of them, establishes a regime of visits between grandmother and grandson, previously denied by the Provincial Court of Valencia on the grounds that the visits "were harmful to the father, since any contact with the mother caused him anxiety.

The Court was based here on the implication of the figure of the grandparents in the upbringing of the minor, their proximity and the kindness that this entails for the child.

As we can see, the figure of grandparents is important in the education of their grandchildren, and therefore an essential element to be taken into account in establishing the regime of visits in the custody and custody between spouses.

If you need to resolve any doubts, do so here.

Contact us, and our lawyers specializing in family law will study your specific case. 

At Forcam Abogados we have offices in Barcelona, Tarragona, Reus and Tarrega.