The Poor and the Fight for Custody, 1926–1936

Abstract

The Madrid court became a battleground for relatives contesting child custody and their personal conflicts became channelled into the state. Mothers used their agency and the courts to win custody in the face of a wider legal system that empowered husbands over wives. Grandparents, and frequently maternal grandparents, also used the courts to overcome paternal rights to guardianship, although daughters-in-law they presented as immoral could also lose custody of their children. Parents themselves could also denounce their own children to ensure they were taken into care. For their part, children could also flee their homes or denounce their parents. Court staff caught up in these conflicts remained loyal to the idea of the dangerous parent and continued to advocate removal or reform through the faith. That said, the use of probation meant that family bonds often survived.