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Can grandparents take care of grandchildren after divorce?

Can grandparents take care of grandchildren after divorce?
Can grandparents enjoy grandchildren after a divorce?

It may be logical that after the breakup of a couple, contact of minors with their maternal and/or paternal grandparents is denied or prohibited, due to personal circumstances that have triggered the family divorce.

What's more, it is one of the questions that our clients of the firm often ask us in a contentious divorce, especially due to the outstanding interest in knowing whether the maternal or paternal grandparents can take care of their grandchildren, and what legal regime they have in mind. our legislative system.

In other cases, the figure of grandparents can have a reconciliatory role, since they are not a direct part of the marital discussion or conflict, and they can provide a different, sensible and objective point of view on the form or interests that most benefit the couple. his grandchildren.

What does the legislation say about the possibility that grandparents can enjoy their grandchildren?

Faced with a long legal history in which the figure of grandparents has been penalized, we are currently facing a paradigm shift, giving our legislator a proactive attitude in the care of minors by grandparents.

Well, in our legal system, specifically in art. 160.2 of the Civil Code, the right of the minor to interact with his or her relatives is declared, expressly including siblings and grandparents, as long as there is no just cause that prevents this. This means that if there is no negative family history that could harm the minors, it is presumed that the relatives have the right to be with the minors, since they are an essential piece of the puzzle of family relationships. It should be taken into account that in cases in which there are criminal complaints or demonstrable family history that may be negative for minors, this right enjoyed by the closest relatives and grandparents may be suppressed and/or eliminated.

First of all, the judge also applies logic and therefore, until the contrary is proven, it is understood that a close relative or grandparents will not provide any negative link for the minors. Therefore, it will be the judge hearing the case who will have to study the specific circumstances to determine that there is sufficient cause for the minor to be deprived of visits from other relatives, always taking as a guide the best interests of the minor.

Note that each member of the couple will have their reasons for accepting or denying visits from grandparents, but let us remember that our legislative system will always guarantee the best interests of the minor and thus the decision that most benefits the minors, even if it does not be shared by parents.

What does our jurisprudence think about this issue?

Jurisprudentially, there are a multitude of rulings in Spain that speak of this search for recognition of the right of access by grandparents.

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

The Court was based here on the involvement of the figure of the grandparents in the upbringing of the minor, their proximity and the goodness that this entails for the child. Today, the great task that grandparents offer in our society is easily observable, since they often assume a more important and relevant role than years ago, in which the figure of grandparents was secondary. Currently, it is worth highlighting that many families enjoy great educational or organizational peace of mind thanks to the figure of grandparents, since they are the people who take and pick up the children from school, many times they are also responsible for buying food and preparing meals and a whole host of tasks that help make everyday life lighter for parents.

Therefore, the figure of grandparents is very important in the education of grandchildren, and therefore an essential element to be taken into account when establishing the visitation regime in custody between spouses, since the inclusion of the same It can make it easier for minors to be properly cared for and supported, which is what our legislator regulates, collects and protects.

Contact usand our professionals specializing in family law will study your specific case. 

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