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 Responsibility
Parental responsibility refers to the rights and duties that both parents have toward their children from birth. This includes providing care, support, education, and guidance, as well as making important decisions regarding the children’s wellbeing and future.
These decisions may involve matters such as the child’s place of residence, education, healthcare, religious upbringing, and other key aspects of their development.
Custody Arrangements (Sole and Shared Custody)
Custody refers to the day-to-day care, upbringing, and wellbeing of the children. This includes everyday responsibilities such as taking them to and from school, attending medical appointments, helping with homework, and providing emotional and practical support in their daily lives.
Custody may be shared between both parents or granted exclusively to one parent. In cases of sole custody, the children primarily live with one parent, while the other parent is usually granted a visitation and contact arrangement to maintain a stable and ongoing relationship with the children.
Visitation Arrangements
Visitation arrangements depend on whether the custody model is based on shared custody or sole custody. Their purpose is to ensure that children maintain a stable, healthy, and ongoing relationship with both parents.
In both custody arrangements, time with the children is usually divided during holiday and vacation periods, including Christmas, Easter, school holidays, and summer vacations, always taking into account the best interests of the children and the family’s circumstances.
Child Support
Child support refers to the financial contribution made for the care and wellbeing of the children. This contribution is intended to cover essential expenses such as housing, food, education, clothing, healthcare, and other everyday needs.
The amount and payment arrangement will depend on factors such as the custody model, the children’s needs, and the financial circumstances of each parent.
Assignment of the Use of the Family Home
When sole custody is granted, the use of the family home is generally assigned to the children and the custodial parent, in order to provide stability and continuity in the children’s daily lives.
In cases of shared custody, the use of the family home may be limited in time or alternated between the parents, depending on the specific circumstances of the family and the arrangements agreed upon or established by the court.
What will you need?
Required Documentation
The documentation required will depend on the circumstances of each case, but it commonly includes:
- Children’s birth certificates
- Census or residency certificate to determine judicial jurisdiction
- Settlement Agreement signed by both parties in cases of mutual consent
- Tax returns, payslips, and financial documentation in contentious proceedings
Assessment of Your Family Situation
To establish the appropriate parental and financial measures, it is essential to carefully analyze the personal, financial, and professional circumstances of each parent.
This assessment helps determine important matters such as custody arrangements, child support, the use of the family home, and other possible financial measures, including compensatory or indemnity payments where applicable.
For this reason, it is important to have a clear understanding of the income, assets, financial obligations, and overall circumstances of both parties.
Jointly Owned Assets
In family proceedings, it is also important to determine whether the parties are married, registered as domestic partners, or have entered into specific financial agreements.
If there are jointly owned assets or shared financial obligations, it will be necessary to address how these assets and responsibilities should be managed, divided, or dissolved.
Determination of Parentage
Spanish law provides legal procedures for the determination of parentage in situations where a child has not been legally recognized.
These legal actions are subject to specific legal deadlines established by the Civil Code. However, the legal system prioritizes biological reality and the best interests of the child when resolving these matters.
Contesting Parentage
The Civil Code provides the possibility of challenging legal parentage when there is evidence that no biological relationship exists between the parent and the child.
These legal actions are subject to specific legal procedures and time limits, which vary depending on the circumstances of each case.
Timeframes and Legal Consequences
The duration of family proceedings can vary significantly depending on whether the matter is resolved by mutual agreement or through contentious court proceedings.
In cases of mutual agreement, the process is generally faster. Delays usually arise during the negotiation phase, especially when financial matters or the dissolution of jointly owned assets must also be resolved.
Contentious proceedings typically take between six months and one year, although more complex cases may take longer depending on the evidence involved and the measures requested.
Mutual Agreement Proceedings
A mutual agreement procedure requires both parties to reach an understanding on important matters such as:
- Custody and parental arrangements
- Visitation schedules
- Child support
- Use of the family home
Once an agreement is reached, a Settlement Agreement is signed and submitted to the Court for approval. The parties must then formally ratify the agreement before the court, after which a final judgment is issued.
Contentious Proceedings
When no agreement can be reached, the process may involve two different stages:
- Urgent provisional measures proceedings
- Main parental measures proceedings
The provisional measures procedure is usually handled through an oral hearing and is intended for situations requiring an urgent judicial decision. These proceedings generally take between two and three months.
The main parental measures proceedings involve a more detailed evidentiary process, which may include financial documentation, witness evidence, or reports prepared by the court-appointed psychosocial team. Although this can extend the duration of the case, these assessments are often essential to ensure that decisions are made in the best interests of the children.
We help you protect your children’s stability
Parental arrangements play an essential role in protecting your children’s wellbeing after a separation. At Zabalgo Family Lawyers, we guide and support you in finding balanced, practical, and secure solutions for your family’s future.
