When your family breaks apart, you need
A GOOD LAWYER
Specialized in Parental Measures
• Father
• Mother
• Guidelines
• Expenses
• Education
• Residence
• Employment
• Temporary
• Overnight stays
• Schedules
• Minors
• Agreements
Portada › Practice areas › Family law › Parental measures without agreement
PROBLEMS
My ex-partner and I cannot reach an agreement regarding the amount of child support. I am looking for a lawyer to help me defend my financial rights.
We have disagreements regarding the custody arrangements of our children. I need legal advice to ensure my rights as a parent are respected.
We disagree about who should remain in the home where our children have grown up. I am looking for a family lawyer who will defend my interests.
SOLUTIONS
Tell us your story, your concerns, or doubts with no obligation. We specialize in parental measures. You will be received by a family psychologist who will listen to you with complete empathy and understanding.
Schedule your free consultation, where you will benefit from the experience and expertise of our lawyer specialized in parental measures, trusted by many families.
We understand that financial concerns are important. That is why we offer flexible, interest-free financing options tailored specifically to you.
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.
WE HAVE THE ABILITY TO EMPATHIZE WITH YOUR SITUATION PROFESSIONALLY, QUICKLY BECOMING YOUR TRUSTED LAW FIRM.
This is why so many clients consistently rely on our firm to handle their family matters.
Our Commitment
The service we guarantee you
During office hours, we guarantee immediate attention to your call. Outside these hours, your message is a priority for us, and we commit to responding within one business day.
Whatever challenge you are facing, we are here to address it with the highest level of professionalism and efficiency.
We speak your language, without technical jargon. Most importantly, we know how to listen and understand your situation.
Monday to Friday, from 9:00 a.m. to 2:00 p.m. and 4:30 p.m. to 8:00 p.m.
For urgent situations, we are available 24 hours a day.
If you are looking for agreements, you are in the right place.
Get advice from committed experts.
Javier es una gran persona y un gran abogado; siempre dispuesto a ayudar y muy entregado con sus casos. Es una persona muy cercana que escucha y conoce a la perfección su campo profesional. Es un gran guía en los momentos más difíciles.
Regaining your freedom and rebuilding your family life should not be a path you walk alone
Join our support network and receive in your email our best recommendations and resources to rebuild your life after divorce.
You will find practical advice, coping techniques, and clear steps to move forward toward a secure and hopeful future.
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.
It is filed by one of the spouses, represented by a court agent and assisted by a lawyer.
If there is a disagreement regarding child custody, the key evidence is the forensic psychological report assigned by the court.
After the trial, the judge will issue a ruling recognizing, where appropriate, the measures that will govern parental relations.
The judgment issued may be appealed within 20 days before the Provincial Court.
They may be modified if there is a significant change in circumstances that justifies it.
If one of the parties fails to comply, the other party may request compulsory enforcement through the court.
MUTUAL AGREEMENT IS THE BEST SOLUTION TO AVOID WASTING YOUR TIME AND MONEY
With this professional and strategic service, we will help you sign a Fair Regulatory Agreement with your partner and, in addition:
Book your Free Consultation
Get advice from committed experts
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 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.
The allocation of the family home in divorce or separation proceedings is an important decision made by considering several key factors to ensure the protection of the most vulnerable parties, especially the children. Below is an explanation of how this decision is made and the criteria applied:
Determining Factors
Presence of Minor Children: The most decisive factor in awarding the family home is child custody. Generally, the use of the home is granted to the parent who is awarded custody, in order to provide stability and continuity in the children’s living environment.
Financial Situation of the Spouses: The financial capacity of each spouse to secure alternative housing is taken into account. If one spouse lacks sufficient means to obtain a new home, this factor may influence the decision.
Ownership of the Property: The title of ownership may also be relevant, particularly if the property belonged to one spouse prior to the marriage or was inherited or received as a gift.
Contributions to the Home: In some cases, consideration is given to which spouse contributed more to the maintenance or payment of the property, although this factor generally carries less weight than the previous ones.
Judicial Process
The allocation of the family home is determined during the divorce or separation proceedings through a court ruling. The judge examines all the aforementioned factors and makes a decision based on the best interests of the children and the circumstances of the spouses.
Temporary or Permanent Nature
Temporary: The allocation may be temporary, depending on circumstances such as the children’s age or the need for one spouse to adapt to a new financial situation.
Permanent: It may be permanent depending on property ownership, agreements reached between the spouses, or as a result of a judicial decision within the divorce proceedings.
Special Situations
In cases without children or where the children are already independent, the decision becomes more complex and will depend more heavily on other factors, such as prenuptial agreements, the spouses’ financial situation, and their contributions to the home during the marriage.
The allocation of the family home is therefore a complex matter that seeks to balance the emotional and financial needs of both the children and the spouses, ensuring the fairest and most appropriate outcome for all parties involved.