Padres en disputa de guardia y custodia y patria potestad

Do you know the difference between parental authority and guardianship and custody? Do you know when they can be withdrawn?

Before assessing whether or not it is possible to withdraw parental authority or custody, it is necessary to know what is meant by each of them. Many clients often confuse the concepts of parental authority and guardianship and custody. Here I explain the main differences: Guardianship and custody refers to those rights and duties that focus on the direct care of the child. For example, with whom of the two parents will live. In this sphere, minor decisions…

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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…

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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),…

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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…

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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…

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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…

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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…

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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…

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WORK AUTHORIZATION IN FAVOR OF FOREIGN MINORS OF WORKING AGE.

The work authorization in favor of foreign minors. On March 6, 2020, the Secretary of State and Migrations issued Instruction 1/2020 in which it states that the granting of a residence permit, issued in favor of foreign minors, will also act as a work authorization and will enable them to carry out employment as an employee at the time they reach 16 years of age, without the need for No other administrative procedure in immigration matters. What is an…

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