I have a bad family situation, with constant disputes with my husband about our children’s education. My son, who is 13 years old, is very difficult – he has been expelled from school several times and he has also had a problem with the police, as he was caught drinking in the street with his friends, when he had said that he would go to the cinema. My husband blames me for our son’s behaviour and I cannot bear it any longer. I want to separate. Our daughter, who is 15 years old, has said that he wants to live with me. However, our son has said that if we were to separate, he would rather live with his father. I do not agree with our children living apart, but the truth is that I find myself unable to bring him into line.
What does the Spanish law establish for a case like this? Would a guardianship like this be possible?
Children’s custody is granted taking into account the minors’ interest, trying to seek their complete personal development. As long as they are over 12, their opinion is heard at the procedure, so that they express with whom they want to live, and although an effort is made to keep siblings together, if it was better for them to be separate, the judge would not hesitate to accept it.