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Custody, parentage and family relationships

Shared custody requires a parent’s request

Supreme Court · Civil Chamber · STS 400/2016
· Note published and reviewed: 2026-10-27

The issue and the court’s approach

A shared-custody arrangement was overturned because neither parent maintained a request for it. The child’s best interests do not by themselves remove the legal conditions for making that order.

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Official source and identification

Supreme Court · Civil Chamber · STS 400/2016 · 2016-06-15

This is an original explanatory note. The cited material is full judgment on the official judicial website. Where a summary or study is cited, this note does not claim a full-text review of the judgment.

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General information on Spanish law. Application depends on the facts, applicable legislation and subsequent developments. English text is explanatory, not an official translation.

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