Parent-child measures

Parent-child measures are those taken for minor children (and even adult children). Our laws aim to protect our children, whether born within or outside of marriage, by ensuring equal rights and obligations for them.

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In a context of parent-child measures, it’s important that you are familiar with the following terms:

Parental authority

The rights and obligations that both the mother and father assume upon the birth of their children. These include the duty to provide support and education, as well as the right to make key decisions in their children’s lives, such as choosing their place of residence, selecting their school, deciding on their religious education, etc.

Guardianship and custody (Exclusive and share)

Custody involves the day-to-day care of children: who takes them to and from school, attends their medical check-ups, helps with homework, and, in essence, is responsible for their daily care. Custody can be shared between both parents or exclusive. In the latter case, the children remain under the care of one parent, who becomes the custodial parent, with a visitation schedule established for the other parent.

Visiting arrangements

The visiting arrangement will depend on whether shared custody or exclusive custody is exercised. In both custody models, there will be vacation periods during Christmas, Easter, or the summer.

Child support

Child support is the financial amount that must be provided for the benefit of the children, and the payment method will depend on whether it is shared custody or exclusive custody.

Medidas paternofiliales. Paloma Zabalgo. Abogados de familia en Madrid.

Assignment of the use of the family domicile

In case of exclusive custody by legal mandate, the use of the family domicile will be assigned to the minor children and the custodial spouse. In case of shared custody, the use of the home may be limited in time or alternatively granted to the parents who will be living with the children.

Visiting arrangements

The visitation regime will depend on whether shared custody or sole custody is exercised. In both models of custody, there will be a vacation period of Christmas, Easter or summer.

If you want to learn more about these concepts and others related to parental measures, don’t hesitate to read this article.

Child support

The alimony is the economic amount that must be paid in favor of the children, and its form of payment will depend on whether it is a shared custody or a sole custody.

Attribution of the use of the family home

In case of exclusive custody by legal imperative, the use of the family domicile will be attributed to the minor children and the custodial spouse; while in case of shared custody the use of the home can be limited in time or granted alternatively to the parents who will live with the children.

What will you need?

Documentation

  • Childrens’ birth certificates
  • Census certificate to establish judicial jurisdiction.
  • Regulatory Agreement signed by both parties for mutual consent divorces.
  • Income tax returns and pay slips if it is a contentious process.

Analyze your situation

To determine parent-child measures, it is necessary to analyze the employment, economic, and personal situation of each spouse to understand the measures that can be established regarding custody, child support, assignment of the family home’s use, as well as other financial measures such as compensatory and indemnity pensions if applicable. For this purpose, it is important to be aware of the gross and net incomes of both spouses, their assets, etc.

Community of assets

In a process involving parent-child measures, it must be considered whether the parties have registered as domestic partners, and in any case, what agreements have been reached. If there is a community of assets that needs dissolution, it’s important to address how to handle the obligations arising from these assets.

Determination of filiation

There are legal actions for determining parentage when, due to certain circumstances, a child has not been legally acknowledged. These actions are subject to specific deadlines outlined in the Civil Code. However, our legal system prioritizes biological reality, always in the best interest of the minors involved.

Contesting filiation

The Civil Code establishes the possibility of contesting the filiation of a child when the lack of a biological link is known, subject to specific deadlines and legal procedures.

Deadlines and consequences

The time limits that exist for a process of mutual agreement or a contentious process are very different. In the first case, the time limit is much shorter, and the delay can occur in the negotiation, especially if there are also financial agreements for the dissolution of the community of property. A contentious process has an average term of six months to a year, or even longer, depending on the evidence that exists in the process.

  • The judicial process of mutual agreement involves reaching an understanding on: the custody and guardianship of the children, visiting arrangements, alimony and the attribution of the use of the family home, among others. Once an agreement has been reached, a Regulatory Agreement is signed and presented to the Court for approval, which must be ratified by the parents in the presence of the court, and a sentence is passed.
  • The contentious judicial procedure can involve two types of processes: the process of provisional measures and the main process of paternal-filial measures. The first is an oral trial, which takes approximately two to three months to be processed, and which is requested in situations of necessity and urgency, in which the judge must issue an imminent decision. On the other hand, the trial for parental-child support measures implies the practice of an in-depth evidentiary activity such as, for example, the preparation of a report by the psychosocial team, which may delay the procedure, but which is necessary.