CHILD CUSTODY LAWYER
Both parents have custody over their children while they still live together, but after a marriage crisis or a crisis in the partnership that ends with separation, it is necessary to decide where and with whom the children will live.
The Spanish Supreme Court has expressed its preference for shared custody as children get to spend an equal amount of time with each parent, and can develop a strong bond with both.
However, in some cases it is advisable that a single parent have custody, which can be attributed to either the father or the mother.
In Spain, it was customary to give the mother custody of the children, but society has changed significantly and in recent times it is also possible to see fathers who have sole custody, evidently as a second choice to the preferred option of shared custody.
A sole custody arrangement can be switched to shared custody by initiating the proceeding to modify the divorce arrangement if the circumstances surrounding the child arrangement order have changed.
WHAT TO DO IF…
Whenever a separation or divorce takes place, both parents must honestly ask themselves what is best for their children. It is important to not get fixated on what is best for us, or even what would be worse for our ex-partner. Any conjugal split is going to significantly affect the life of everyone involved, and children are very vulnerable, so it is important to keep their wellbeing in mind at all times.
The best option would be to reach an agreement, but unfortunately this isn’t always possible. Often when two people split, there is a lot of pent-up anger and resentment between the parents; these types of emotional strains can cause a lot of damage to the children.
So, if an agreement is out of question, it is still important to do everything and anything possible to protect the children and their interests. And if you are a father, don’t throw up your hands in despair because courts always favour women; times have changed a lot, and men are increasingly getting fairer decrees for both them and their children.
CHILD CUSTODY EXAMPLES
My wife suffers from severe psychological problems. I tried to help her out as much as I could during our marriage, but in the end it’s been impossible and we decided to get divorced. I need to have sole custody of our children because, unfortunately, my wife lacks the mental capacity to take care of them.
My girlfriend and I have a 2 year-old son, we have decided to separate and I want shared custody. Everyone said the child is too young and that I won’t get it, but I’m sure I will because I’ve been taking care of him since he was born.
My wife has told me that if I file for divorce she will request sole custody of the children, I will have to pay a lot for child maintenance, and to top it all off she will be living in our house, and she says I will still have to pay for it. I don’t think there’s any reason why a court won’t give us shared custody, but I’m scared because if she gets everything she asks for I will be left penniless.