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CHILD CUSTODY
Shared
Father
Mother
CHILD SUPPORT
Amount
Guidelines
Expenses
PARENTAL AUTHORITY
School
Education
Residence
SPOUSAL SUPPORT
Dedication
Employment
Temporary
VISITATION RIGHTS
Weekends
Overnight stays
Schedules
FAMILY HOME ALLOCATION
Family
Minors
Agreements
SOLUTIONS
PSYCHOLOGICAL SUPPORT
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Medidas Paternofiliales Sin Acuerdo
I am Javier Sanz, a family lawyer specialized in Parental Measures
I know you have many options when seeking legal help, but I want you to feel satisfied with our work and to trust our firm to defend your most personal rights.
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WHAT YOU NEED TO KNOW
Who is entitled to custody of my children?
How is visitation regulated?
How much is paid for child support and/or spousal support?
Who is awarded the family home?
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What does the procedure consist of?
In the absence of an agreement between the spouses, it is necessary to initiate contentious proceedings, which begin with a claim filed by one of the parties.
CLAIM
It is filed by one of the spouses, represented by a court agent and assisted by a lawyer.
NO REGULATORY AGREEMENT IS ATTACHED, BUT THE CLAIM MUST SPECIFY THE MEASURES REQUESTED REGARDING CHILD CUSTODY, VISITATION RIGHTS, CHILD SUPPORT AND/OR SPOUSAL SUPPORT, AND THE ALLOCATION OF THE FAMILY HOME.
To respond to the claim, the other spouse has a period of 20 days and will also require a lawyer and a court agent.
Once the claim has been answered, the parties are summoned to a hearing or oral trial where evidence will be presented to demonstrate the appropriateness of the requested measures. These measures will be reviewed by the Judge and the Public Prosecutor if there are minor children involved.
DISPUTES
If there is disagreement regarding child custody, the key evidence is the forensic psychological report assigned by the court.
THE PARTY REQUESTING THE REPORT PAYS FOR IT; IT COSTS AROUND €1,300 AND USUALLY TAKES ABOUT ONE YEAR TO COMPLETE.
This report delays the processing of the proceedings, so it is advisable to request provisional measures to regulate family relations while the main case is being resolved.
JUDGMENT
After the trial, the Judge will issue a ruling recognizing, where appropriate, the divorce and establishing the measures that will govern parental relations.
APPEAL
The judgment issued may be appealed within 20 days before the Provincial Court.
MODIFICATION OF MEASURES
Parental measures are not immutable. They may be modified if there is a significant change in circumstances that justifies it. To do so, a new claim must be filed with the court explaining and justifying the requested changes.
ENFORCEMENT OF JUDGMENT
If one of the parties fails to comply with what is established in the judgment, the other party may request compulsory enforcement through the court.
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I’m sure you still have questions
I have prepared a list of some of the most frequently asked questions, but if you still have doubts, write to us at hola@abogadoviolenciadegenero.com and we will help you.
Decisions affecting minor children must regulate: the exercise of parental authority; the child custody arrangement (shared or sole custody); visitation rights; holidays, communications, and stays; child support; the percentage of extraordinary expenses to be assumed by each parent; and the allocation of the use of the family home.
Parental authority is the set of rights and obligations that the law grants to parents regarding important decisions in the lives of their unemancipated minor children. It must always be exercised in the best interests of the child and in accordance with Article 156 of the Civil Code.
Parental authority is always shared, unless a court decision establishes otherwise in order to protect the children. Likewise, and on a specific basis, its exercise may be granted exclusively to one parent for the purpose of making a particular decision when the parents are unable to reach an agreement.
Without being an exhaustive list, the following decisions fall under parental authority:
Deciding which school the child will attend or changing schools.
Deciding whether the child should receive psychological care or any type of medical or professional treatment, or undergo any surgical procedure (provided the decision is not urgent and allows consultation with the other parent).
Deciding the Autonomous Community in which the child will reside in case of relocation.
Deciding whether the child may receive their First Communion.
Deciding whether the child may or must travel abroad (for study or leisure purposes).
In short, any decision that significantly affects the child’s life.
The custody arrangement regulates the children’s residence and communication with their parents and may be sole or shared. It is entirely independent of parental authority.
The type of decisions included under this arrangement is limited to ordinary or day-to-day decisions that may arise in the child’s daily life and will be made by the parent who is with the child at that time (for example, what the child eats, how their daily routine at home is organized, etc.).
To determine the amount, the specific circumstances of each case must be taken into account, considering both the financial capacity of the person obliged to pay and the needs of those receiving it. The amount must be proportionate to these circumstances.
Child support may be increased or reduced whenever an unforeseen change occurs, provided it is lasting, beyond the control of the party requesting the modification, and significant in relation to the circumstances considered at the time it was initially determined — both with regard to the payer (obligor) and the recipient (beneficiary).
The visitation schedule is a legal agreement established between the parents of a minor when a separation or divorce occurs. It consists of a set of rules that determine when and how the non-custodial parent may visit their child.
This agreement seeks to protect the best interests of the child, guaranteeing their right to maintain a relationship with both parents, even after the separation. It also allows parents to organize and plan visits, avoiding potential conflicts and misunderstandings.
It is important to note that the visitation schedule is not an exclusive obligation of the non-custodial parent, but also of the custodial parent. The custodial parent must facilitate visits and promote the child’s relationship with the other parent, provided that it does not negatively affect the child’s well-being.
Compensatory spousal support is a legal concept in family law established to balance the economic inequalities that may arise as a result of divorce or separation. This support is granted to one of the spouses when the divorce or separation creates an economic imbalance that negatively affects one party, especially if one of them has devoted more time to caring for the home and children to the detriment of their professional career or personal development. Below are some key aspects of compensatory spousal support:
Purpose
The main purpose of compensatory spousal support is to ensure that the spouse with fewer financial resources, or who finds themselves in an economically disadvantaged situation due to the marriage and subsequent divorce, can maintain a standard of living similar to that enjoyed during the marriage, while achieving financial independence.
Criteria for Granting It
The granting of compensatory spousal support is based on various factors, such as:
Duration of the marriage: The longer the marriage, the more likely it is that support will be granted.
Age and health of the spouses: Special consideration is given if one spouse is older or has health problems.
Economic and professional capacity of each spouse: Each party’s ability to generate income after the divorce is assessed.
Contributions to the family: Consideration is given to whether one spouse sacrificed their career to care for the home or the children.
Duration
Compensatory spousal support may be temporary or indefinite, depending on the circumstances of the case and local legislation. In many cases, it is established for a sufficient period to allow the beneficiary to obtain education or work experience necessary to support themselves.
Modification and Termination
Compensatory spousal support may be modified or terminated if the financial circumstances of either spouse change. For example, if the recipient significantly improves their financial situation or the payer experiences financial deterioration, the support may be reviewed or cancelled. Additionally, it is normally terminated if the beneficiary remarries.
Legal Process
To establish, modify, or terminate compensatory spousal support, judicial proceedings are generally required, in which a judge will assess the arguments and evidence presented by both spouses.
Compensatory spousal support is an essential tool in family law to ensure fairness and economic justice following a divorce, allowing both spouses the opportunity to maintain an adequate standard of living and adapt to their new life circumstances.
When requesting a modification of measures through contentious proceedings, it is essential to prove that the legal and case law requirements are met:
Substantial change: There must be a relevant change in the circumstances that justified the adoption of the final measures.
Permanent change over time: The change must be stable and lasting, not merely temporary or circumstantial.
Unforeseeable change: The alteration must not have been foreseeable at the time the measure sought to be modified was established.
Change beyond the control of the party requesting the modification: The change in circumstances must result from objective causes, unrelated to the will of the party initiating the new proceedings.
Change duly proven by the requesting party: The change in circumstances must be sufficiently evidenced by the party seeking the modification of the measures.
It is normal to have doubts about what you are legally entitled to, but when your lawyer specializes in a specific area of law, they have in-depth knowledge of the judgments issued by courts within that jurisdiction.
This gives specialists a competitive advantage that we know how to leverage in order to properly structure the claim and achieve successful outcomes in court.
A claim is filed before the territorially competent Court of First Instance. Several scenarios may arise:
If the parties reside in different locations, jurisdiction will be the last marital domicile or the domicile of the respondent, at the claimant’s choice.
If they do not have a fixed domicile, jurisdiction will be the place where they are located or their last residence, at the claimant’s choice.
Failing the above, jurisdiction will be the domicile of the respondent.
This will depend on the evidence presented (documentary, witness, expert reports, etc.) and the speed at which it is processed.
It will also depend on the workload of the court handling the case, but approximately, these matters usually take about one year to be resolved.
The Civil Code establishes that they may be requested by either parent, without the need for the other parent’s knowledge.
The following documentation will be required:
Marriage certificate from the Civil Registry.
Birth certificate of the child(ren), if applicable. In cases involving modification of legal capacity, the corresponding court judgment.
Regulatory Agreement (if any).
Certificate of registered residence.
Any documentation necessary to prove the claimed right.
With regard to financial measures, all documentation proving the economic situation of the spouses and, where applicable, the children (tax returns, payslips, bank certificates, property deeds or land registry certificates).
Yes. First, the judgment issued by the Court of First Instance may be appealed before the Provincial Court.
Secondly, if a substantial modification of the circumstances existing at the time the judgment was issued occurs, a request for modification may be filed.
Previously approved measures may also be modified either by mutual agreement or through contentious proceedings.
Yes, the first consultation is free provided that it does not include a review of documentation.
To establish a shared custody arrangement, it is necessary to determine how daily care and attention for the children will be divided, as well as to define possible rotations and periods of cohabitation between the parents. Additionally, the children’s registered residence is also considered in this situation.
Division of daily care and attention for the children
In shared custody, both parents share responsibility for raising their children on an equal basis. This involves distributing time and tasks related to the children’s daily care in a similar manner. Both parents must actively participate in aspects such as nutrition, hygiene, emotional support, and the children’s education.
Possible rotations and periods of cohabitation
To establish shared custody, it is common to set up a rotation of cohabitation periods between the parents. This may be weekly or biweekly, depending on the specific circumstances and the agreement reached by both parties or determined by the judge. During these periods, the children live alternately with each parent, ensuring a close relationship and proper development with both.
Children’s registered residence
Regarding the children’s registered residence in cases of shared custody, it is generally agreed or established that they will be registered at the domicile of one of the parents. This decision takes into account factors such as the family home and the child’s connection to their school. However, it is important to note that this aspect may vary depending on what the parents agree upon or what is established by the judge in each specific case.
Change duly proven by the party requesting it: Any change in circumstances must be sufficiently demonstrated by the party seeking the modification of the measures.