Child Custody, Child Support and Child Abduction
In Spain, if a divorcing couple has a shared child, there are additional factors that must be considered during the divorce process. An ideal situation involves an agreement about child custody, but we understand that this will not always be possible. In cases where no agreement can be reached, custody will be decided in court. Our lawyers can help you with any custody related issues during your divorce.
Divorce does not dissolve parental responsibility, considering parents must pay child support. Child support covers expenses such as medical care, food, housing, clothing, and education. If custody is with only one parent, the parent that does not have custody must typically pay the child support. If there is joint custody, the process is a bit different. For example: a fund could be set up in which both parents can withdraw and deposit money depending on when they have custody of their child; or the parent who is better economically can also pay extra money for the child’s expenses; etc.
In cases that involve a spouse who is not originally from Spain, it is important to know child abduction laws. In order to relocate a child legally, the relocating parent must give notice to the non-relocating parent and get consent. If consent is not given, the relocating parent could attempt to get authorization from a judge. If a parent relocates his or her child to a different country without getting consent or judicial authorization, their child is considered abducted under the law.
Our lawyers can help you with your divorce case in Barcelona, Catalonia, Madrid or other areas of Spain.
Should you need further information, or legal advice about divorce cases involving children please do not hesitate to contact our lawyers.