Main legal aspects
The breakup of a couple with children in common not only entails emotional and family changes, but also the need to establish a new legal framework to regulate the relationship between parents and their children. In Catalonia, this framework is primarily regulated by the Catalan Civil Code, which establishes specific rights and duties for both parents, even after a separation or divorce.
Below, we explain the main legal aspects that separated parents in Catalonia must take into account.
Custody and guardianship regime: shared or exclusive?
One of the most important decisions after a separation is the determination of the custody regime of minor children. In Catalonia, as a general rule, the shared custody, considering that it is the model that best protects the best interests of the child.
However, it is also possible to opt for a sole custody If one of the parents demonstrates that it is best for the child's well-being. In any case, the judge has the final say, although prior agreements between the parents are taken into account.
If you are considering a separation, having a family law lawyer is key to ensuring that your rights and those of your children are protected.
Right of communication and visits
When sole custody is established, the non-custodial parent has right to visitationThis can be broad or more restricted depending on the family context, and should allow the child to maintain a stable relationship with both parents.
This right also includes the regular communication (by phone, video call, etc.) and sometimes the overnight with the non-custodial parent, as long as it does not negatively affect the minor.
Child support
The parent who does not live with the children (or who does so to a lesser extent) is obliged to pay a alimony, intended to cover ordinary expenses: food, housing, clothing, education, leisure and health.
This pension must be set taking into account:
-
The income of both parents.
-
The needs of the minor.
-
The time spent together with each other.
Any change in circumstances (for example, job loss or change of custody) may lead to a judicial review of the pension.
You can expand this information in our article about What to do if your child's alimony is not paid.
Joint parental responsibility
In Catalonia, even if there is separation or divorce, both parents maintain the shared parental responsibilityThis means that both parents should be involved in important decisions that affect their child, such as:
-
School changes.
-
Major medical interventions.
-
Extracurricular activities.
-
Change of residence.
Even when custody is exclusive, this responsibility does not expire except in very serious cases where parental authority is withdrawn by court order.
Parenting plan: a key figure
The Catalan Civil Code requires the submission of a parenting plan in divorce proceedings or parental arrangements. This document describes how the practical aspects of the children's lives will be organized after the separation:
-
Days and times of stay with each parent.
-
Holiday organization.
-
Communication with the other parent.
-
Extraordinary expenses.
-
Educational and health decisions.
A clear, agreed-upon, and well-written plan can prevent numerous future conflicts.
What happens to the family home?
The use of family home It is usually assigned to the parent who has custody of the children, regardless of who actually owns them. This measure seeks to preserve the stability of the children. It can be used temporarily or indefinitely, depending on the case.
In more complex situations, such as shared ownership or shared custody, the judge will determine how the use of the home is managed.
Professional recommendation
In the event of any conflict or disagreement, it is highly recommended to resort to the path of family mediation before initiating contentious proceedings. Mediation can facilitate faster, less costly, and less emotionally damaging settlements.
If you need personalized advice, in Vosseler Lawyers We have a team of family law experts in Barcelona who will help you defend your rights and guarantee the well-being of your children.
