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Child Custody

Knowledge and efficiency in settling Child Custody cases

If the parents divorce in Spain, parental responsibility and custody may be determined:
a) At the request of both parents, in a Regulating Agreement (convenio regulador), which must be approved by the courts;
b) By a court decision, in a contentious proceedings.

If you are facing problems to know your rights as a parent in Spain, this information might be helpful for you. According to Spanish Civil law,  there are two different concepts: custody and parental authority.

Custody refers to the effective time that the children spend with their parents, and Parental authority is usually referred to as ‘patria potestad’. It includes the following obligations:

1) Looking after the children, being with them, feeding them, educating them and ensuring that they receive a well-rounded education.

2) Representing the children and administering their property.

3) Making all the relevant decisions regarding the type of education, moral views and health/medical decisions. 

In the event that the parents separate, divorce, split up or do not live together, all the rights and duties regarding minors, in relation to their persons and their property, belong to both parents, except in exceptional circumstances.

If the parents live apart, usually, custody in Spain will be exercised by the parent with whom the child lives and parental authority in Spain will be exercised by the two parents. 

If the parents do not reach agreement on the specific type of custody in Spain,  will be  decided by the Judge on a case-by-case basis, in accordance with the best interests of the children.

In order to determine the jurisdiction in Spain or Court place in which to lodge the petition, is necessary to study case by case the particular circumstances. However, the general applicable criteria is  the Court of First Instance of the place of last shared residence of the parents.

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She is a lawyer every client wants and all other lawyers strive to be like.She is multi language.English, spanish,catalan Her skills and hard work is surpassed only by her modesty and compassion she was very pro-active in protecting my rights and provided quick and reliable feedback and answers to questions. Additionally Ms Helen displayed excellent negotiation skills in settling my case. I felt she was looking out for my best interests and has earned my respect and trust. Ms Helen Vera did outstanding work on my case. She was prompt responding to my emails and calls.She went above and beyond to make sure, I had all the information available to me . She took a personal interest in my case and what was going on . She supported me throughout and stayed that involved in my 13 month duration of the case.We won a very complicated case and My ex wife have to bring my child back to the UK. I would highly recommend her and her Law firm.

Aslan Murtaza (UK)

Need help with any kind of International Child Custody issues? Contact us now.

Why choose Klev&Vera

With both the legal expertise required to provide the best possible advice on all aspects of your case and the empathetic approach needed to support you through the process of legal action and court proceedings, Klev&Vera are well placed to help you navigate smoothly through this trying ordeal.

A trusted name with a proven reputation for managing complex cases, our Barcelona-based team of owners and partners are passionate about seeing your case through to achieve the best possible solution for you and your family.

Helen Vera - Best Lawyers 2020

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