Who keeps the children in the event of separation without being married?
When an unmarried couple separates, the process of determining who gets to raise the children and how the rights and responsibilities of the parents are managed can be complex.
In Spain, the law grants rights and responsibilities to parents, regardless of whether they are married or not, always prioritizing the best interests of the child.
In this article, we break down key aspects of child custody, parental authority, child support, and use of the family home.
Parental authority: Rights and duties of parents
In the legal field, parental authority refers to the rights and duties that both parents have over their minor children.
In Spain, this right corresponds jointly to both parents, whether they are married or not.
Parental authority includes making important decisions in the lives of children, such as their education, health and well-being.
- Implying? Both parents must make joint decisions about the child's life, even after separation. This means that even if one parent has custody, the other parent continues to be involved in important decisions, unless otherwise agreed or the judge rules otherwise.
Types of custody: Shared and single parent
After the separation, a decision must be made regarding child custody , which can be shared or sole (exclusive).
This decision does not depend on the marital status of the parents, but on the best interests of the child.
Shared custody
In joint custody, both parents assume equal responsibilities for the daily care of the child.
This modality seeks to promote the emotional stability of the child by maintaining regular contact with both parents.
- Key factors:The proximity of the parents' residences, the availability of both to care for the child and their ability to collaborate in the child's education are aspects that the court considers when granting shared custody.
- Advantages: The child can benefit from the involvement of both parents in his or her daily life, which promotes a balanced relationship.
Sole parent custody (exclusive)
When one of the parents assumes primary custody , we speak of sole custody.
The other parent will have the right to a visitation schedule and the obligation to pay child support, unless both agree otherwise.
- Key factors: The court may award sole custody when one parent has been the primary caregiver or if there are factors that prevent effective collaboration, such as conflicts between the parents.
How do courts decide on custody in unmarried couples?
If the parents do not reach an agreement on the custody of their children, it will be the court that decides.
The best interests of the child are the main criterion that will guide this decision.
Some of the factors that courts take into account are:
- Previous relationship of the minor with each parent: An analysis is made of who has been the primary caregiver during the cohabitation, and what type of relationship the minor has with each of the parents.
- Ability of each parent to care for the minor: This includes economic and emotional stability, and the willingness to provide a healthy and safe environment.
- Stability of the family environment: Priority is given to ensuring that the minor maintains his or her usual environment, such as the family home, school and social circle.
The family home after separation
One of the most contentious aspects of separations is the use of the family home.
In cases of separation with children without being married (housing ), the court may grant the use of the home to the parent who obtains custody , with the aim of minimizing the emotional impact on the children.
- Legal aspects: Even if the home is owned by one of the parents, the court may grant its use to the custodial parent if this benefits the minor.
- AlternativesIn cases where custody is shared, the parents may agree to the sale of the home or its alternating use for periods of time, depending on the circumstances.
Child support and other financial obligations
In any situation of separation, the parents have the obligation to contribute financially to the well-being of the children.
The parent who does not have primary custody must pay child support , which covers the child's basic needs, such as food, clothing, education , and health.
- Determination of the amount:The amount of the pension is established considering the income of both parents, the time the minor spends with each one and the specific needs of the child.
- Modification of the amount: If one parent's financial circumstances change significantly, it is possible to apply for a judicial review to adjust the amount of the pension.
Out-of-court settlement: An alternative to the judicial route
In many cases, unmarried parents prefer to resolve custody and visitation issues through an out-of-court agreement.
These agreements may include aspects related to custody, child support and the use of the family home , and are submitted to the judge for ratification.
- AdvantagesMediation or out-of-court negotiation is often quicker and less contentious than a court process, allowing parents to agree on personalized solutions that fit their situation.
- Disadvantages:If the agreement is not properly formalized, problems may arise in the future, especially if one of the parents fails to comply with the agreed terms.
Legal procedure in case of disagreement
If an agreement cannot be reached, it will be necessary to initiate legal proceedings so that the judge can determine the terms of custody, visitation and child support.
This process can be long and stressful, so it is recommended to seek the advice of a lawyer specializing in family law.
- Evidence to be provided:Both parents will be required to provide evidence of their ability to care for the child and ensure his or her well-being, which may include financial documents, witness statements, or psychological evaluations.
Family lawyers in Córdoba
In situations of separation and child custody, it is essential to have the advice of family lawyers in Cordoba who can guide you through the legal processes with experience and knowledge of local laws.
An expert family law attorney can help you present your case correctly in court, negotiate favorable out-of-court settlements, and ensure that the rights of children and parents are respected.
Conclusion
Even if a couple is not married, the rights and responsibilities regarding children are the same as in any other relationship.
Spanish legislation protects the best interests of the child , ensuring that all decisions related to custody are based on their well-being.
It is essential to have the support of a specialized lawyer to guide the process and ensure that the rights of the minor are respected.
RRYP Global , child custody lawyers.
