The best interests of the child<\/strong> is the fundamental legal principle that requires all decisions affecting a child or adolescent \u2014whether judicial, administrative or family-related\u2014 to be made with priority given to their welfare, stability and overall development.<\/p>\n In Spain, it is recognised in Article 2 of Organic Law 1\/1996 on the Legal Protection of Minors, and it originates from Article 3 of the 1989 United Nations Convention on the Rights of the Child.<\/p>\n <\/p>\n The best interests of the child<\/strong> is not an abstract concept: it is the criterion judges apply when deciding on child custody, visitation arrangements, child support, use of the family home and any other matter that directly affects children.<\/p>\n Under Spanish law, in order to determine the best interests of the child, several factors must be assessed, including:<\/p>\n <\/p>\n In separation and divorce proceedings, the best interests of the child<\/strong> is the central principle around which all decisions concerning children are structured. The judge is not bound solely by what the parents request: their duty is to adopt the solution that best protects the child.<\/p>\n This means that, even if both parents agree on a specific custody arrangement, the judge may refuse to approve it if they consider that it does not serve the child\u2019s best interests.<\/p>\n Likewise, shared custody may be ordered even if one of the parents objects, if the judge considers it to be the most beneficial solution for the child after assessing all the circumstances of the case.<\/p>\n <\/p>\n One of the elements the judge takes into account when determining the best interests of the child<\/strong> is the child\u2019s own opinion, expressed through the child\u2019s judicial hearing.<\/p>\n However, the child\u2019s opinion is not binding: the judge weighs it together with the rest of the evidence and may depart from it if they consider that it does not reflect the child\u2019s true best interests.<\/p>\n For a more practical explanation, you can read our article on the child\u2019s judicial hearing and how to support the child during the process<\/a>.<\/p><\/blockquote>\n <\/p>\n The best interests of the child<\/strong> is not absolute or unlimited. It must be balanced against other legitimate rights and interests \u2014including those of the parents\u2014 but, in the event of conflict, the child\u2019s interests prevail over the others.<\/p>\n <\/p>\nContents<\/h2>\n
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What does it mean in practice?<\/h2>\n
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The best interests of the child in divorce<\/h2>\n
The child\u2019s opinion<\/h2>\n
Limits<\/h2>\n
Practical summary<\/h2>\n