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Custody, parentage and family relationships

Custody depends on actual care arrangements, not their label

Supreme Court · Civil Chamber · STS 1553/2026 · Appeal 8600/2025
· Note published and reviewed: 2026-10-27

The issue and the court’s approach

The court recognised shared custody where ordinary residence and care were substantially equal in practice. The formal label of maternal custody could not override the actual substance of the arrangements.

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Official source and identification

Supreme Court · Civil Chamber · STS 1553/2026 · Appeal 8600/2025 · 2026-10-05

Original explanatory note based on the official Civil Chamber weekly summary. This is not a claim to have reviewed the full judgment. The English version is explanatory, not an official translation.

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General information on Spanish law. Application depends on the facts, applicable legislation and subsequent developments.

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