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Mascota junto a su dueña después de un divorcio

Custody of animals in case of separation or divorce

Can a pet be considered a “child” in a separation? The answer is yes. When a couple separates, they should discuss who will take care of the pet and how the other will contribute to the pet's expenses. Animals are sentient living beings, as determined in our regulations. What does this mean? In that we must consider them as a party in a separation or divorce process. Many clients ask me: Does it make a difference where I…
May 23, 2025 Animals, Divorce, Family, Family right, Pets, Rights, Separation, Shared custody
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Niño

Parental alignment Child abuse or emotional manipulation?

Parental alienation is known as the emotional manipulation that a parent exerts on the children so that they reject the other parent. It is commonly found in the processes of separations or conflictive divorces in which the parents are playing the custody of the children. This increased tension between the parties is unfortunately passed on to the children. Many know this figure as a "subtle" form of child abuse because it is considered by professionals as an "alteration of…
May 19, 2025 Adoption, Children, Children, Divorce, Family, Family right, Separation, Shared custody, Single-parent family, Underage
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Mujer visita al médico por gestación subrogada

A CHILD FOR HIRE? THE SURROGACY DEBATE

Surrogacy or surrogate motherhood are concepts that obey the same process that consists of a woman (surrogate mother), who carries out the entire pregnancy process and gives birth to a child for another person or couple (non-gestational mother). From the moment the surrogate mother gives birth, she gives up her legal rights over the baby. In Spain surrogacy is NOT allowed. Moreover, it is expressly forbidden (Article 10 of Law 14/2006, of May 26, on assisted human reproduction techniques),…
May 2, 2025 Adoption, Children, Civil law, Family, Family right, Surrogacy, Surrogate womb, Underage
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Padres modifican pensión de alimentos mediante un juez

MODIFICATION OF ALIMONY: WHEN AND HOW TO REQUEST IT LEGALLY

In family, divorce or separation proceedings, one of the most important issues affecting the welfare of the child is the alimony. Once it is fixed in a Judgment or in a Decree, it can be subject to modification depending on the circumstances and needs of the child. The Civil Code of Catalonia regulates the procedures and requirements so that we can make these modifications. In this article I explain when it is possible to modify the alimony, what are…
March 21, 2025 Alimony, Children, Divorce, Family, Family right, Separation, Shared custody, Single-parent family, Underage
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Padre, madre e hijo hablando sobre la custodia compartida

JOINT CUSTODY: MYTHS, REALITIES AND TIPS FOR REACHING AN AGREEMENT

One of the most important issues we deal with in a divorce proceeding is child custody. Lawyers and Judges prioritize the welfare or best interests of the child at all times. However, there are many myths about shared custody. In this article I will explain what joint custody is, what myths surround it and what strategies I give you to negotiate a fair and peaceful custody. Shared custody is a modality in which time is divided between…
March 12, 2025 Children, Divorce, Family, Family right, Separation, Shared custody, Underage
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Hija en medio de sus dos padres divorciados

True or false: In case of separation or divorce, the children will always live with the mother and not with the father.

In case of separation or divorce, determining with whom the minor children should live with (known as guardianship and custody), is one of the most critical, but important, points in which we find ourselves in family proceedings. It is not true that in case of divorce the children always stay with the mother and not with the father. This will depend on several issues, as well as the circumstances of the children and the parents. In this sense, there…
December 10, 2024 Children, Divorce, Family, Family right, Separation, Underage
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Padre pagando una pensión de alimentos a su hijo

What does paying more or less in alimony depend on?

When we talk about alimony or maintenance, we usually find it in divorce or separation proceedings in which there are minor children. Knowing where we start from, an alimony, therefore, is that amount of money that we must give to the father or mother who has custody of our children, to contribute in everything related to food, care, upbringing, etc., of the same. In this sense, the determination of the amount to be established for alimony is determined by the…
November 26, 2024 Alimony, Children, Family, Family right, Single-parent family, Underage
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Abogado llevando un divorcio de mutuo acuerdo

LAWYERS AND DIVORCE BY MUTUAL AGREEMENT

What role do Lawyers have in a mutually agreed divorce process when we take both parties at the same time? In mutually agreed divorce proceedings we find ourselves with a couple who wants to dissolve the bond that unites them, with all the effects and consequences that this produces. To carry out this procedure, the figure of a lawyer is necessary. One lawyer or two? In practice, it may be…
February 2, 2021 Family, Family right
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Familia unida mirando información en una tablet

CUSTODY AND VISITS IN TIMES OF CORONAVIRUS. VISITING REGIME FOR PARENTS IN DIFFERENT PROVINCES

The situation we are experiencing with the coronavirus is changing us and is affecting the normal development of our lives on a daily basis. Just a few weeks ago, the acting president of the Generalitat, Pere Aragonès, agreed to the perimeter closure of Catalonia and for a period of 15 days, as well as municipal confinement on weekends. Just a few weeks ago, the acting president of the Generalitat, Pere Aragonès, agreed to the perimeter closure of Catalonia and for…
November 7, 2020 Authorization, Circulation permit, Coronavirus, Family, Family right, News and Current Events, Underage
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Agente inmobiliario haciendo entrega de las llaves de un piso

DATION INSTEAD OF PAYMENT

This year has been very difficult for many families who had their assets mortgaged. The coronavirus has forced us to find, in dation in payment, the solution to the non-payment of mortgages. What is it? Dation in payment appears as a solution to the fact that we cannot meet the mortgage payments. Thanks to it, we managed to extinguish the existing obligation between creditor and debtor. How? Both agree that the debtor will transfer the mortgaged asset to…
October 11, 2020 Coronavirus, Debts, Family, Mortgage, News and Current Events
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