The main objective of the parental measures agreement is to regulate the relationship between parents and minor children. This occurs whenever there is a breakdown of cohabitation or the marriage bondParental measures are collected in a document known as agreement either regulatory agreement. From Escalante & Pérez Lawyers We'll tell you what the document should contain, how it's processed, and why it's so important to sign an agreement of this nature.
What is a parental arrangement?
In it parental measures agreement Various aspects related to the relationship between parents and minor children are covered. Among the most important measures are those related to the exercise of parental authority, the custody of children, visitation rights, child support, etc. The main objective of the parental measures agreement is to protect the rights and interests of minors and to establish the obligations of parents toward their children. In this sense, the agreement will always act according to what is best for the minors.
It is important to highlight that the agreement arises when the couple's cohabitation ceasesAnd we want to emphasize that it is not strictly necessary for the parents to have married or formalized their relationship as common-law couple. It is an agreement that the couple must reach, whether they have lived together or not, and provided there are minor children involved. Thus, when parents separate, the minors remain protectedParental measures are regulated by the Civil code, the Civil Procedure Law, as well as the following legal provisions:
- Organic Law 1/1996 on Legal Protection of Minors.
- Organic Law 8/2021 on the comprehensive protection of children and adolescents against violence, which amends the articles of the Civil Code relating to parental authority.
- The Mortgage Law, on the administration of children's assets.
- Law 15/2915 on voluntary jurisdiction, on the legal representation of unemancipated children in the event of conflicting interests between the parents.
How is a parental arrangement processed?
When the breakup of the couple and whenever there are children involved, it is necessary to reach an agreement agreement that looks after the interests of minors. The parental arrangements agreement must ratify by the judge, prior favorable report from the Public Prosecutor's Office, who will look after the interests of the minors. But to reach this point, where the agreement is ratified and a judgment is issued, which, in case of non-compliance, is possible enforce, it is essential that parents reach an agreement.
The most common thing is that parents, looking after the well-being of their children, take the initiative to go together to the same family lawyerThe lawyer will be in charge of mediating so that the parents reach an agreement and is the one who makes the corresponding drafting of parental measuresSometimes, when parents cannot reach an agreement, each seeks their own lawyer.
In any case, the family lawyer drafts the document trying not only for the parents to reach an agreement, but also look after the interests of minorsSome of the rights of children are:
- Respect for physical and mental integrity and personality.
- The right to live with one's parents, as well as to receive food, education, and comprehensive training.
- Right to representation and administration of their assets.
- The right to be heard, as long as they are sufficiently mature. In this sense, minors are heard from the age of 12. At this age, it is determined that they have sufficient capacity to decide, for example, whether they wish to live with one parent or the other.
Contents of the parental measures agreement
What is the content of the parental arrangements agreement? The essential content is included in the article 90 of the Civil Code, in cases of separation or divorce and these are some of the essential clauses:
- Regarding the custody of childrenThis can be exercised jointly or exclusively by one of the parents.
- He visitation and communication regime between parents and children, as well as the minor's stay with the parent who does not have custody.
- The alimony, which must cover the child's basic needs. This is determined based on the income and expenses of the parent who does not live with the child.
- In case of divorce or to have one joint housing, it is established that the parent who lives with the minor will be the one who uses the family home. On the other hand, the parent who has custody of the minor may claim a compensatory pension In the event that your dedication to your child (or children) prevents you from carrying out a work activity or this causes a serious economic imbalance.
Custody and guardianship regime
The custody regime refers to how time is distributed that children should remain under the care of each parent. However, it also includes the type of custody by which the parents will be governed. In this sense, it may be custody shared, in which the time of coexistence is distributed between the parents in a manner more or less equitable; custody can also be exclusive and in favor of one of the parents and it is decided how the children will have contact with the other parent with whom they do not live.
Even if parents want to stick to, for example, shared custody, it will be the judge who approves the regime in question, as long as you consider it to be the best for the children and having obtained a report from the Public Prosecutor's Office. If he deems it appropriate, the judge will listen to the minors when you consider that they have the capacity to do so.
However, joint custody is not approved when one of the parents is involved in a criminal proceedings for attempting to threaten the life or integrity of one's partner or minors. It is also not granted in well-founded cases of gender violence either domestic.
Communication and stay regime
When custody is granted in a exclusive to a parent, it is necessary to establish a visitation and communication regime with the other parent. They are usually established one or two afternoons a week and alternate weekends, when the minors can spend the night at the other parent's home. In addition, in the case of vacation, the regime varies and the times are distributed more or less equally.
The exercise of parental authority in the parental measures agreement
The parental authority It corresponds to both parents equally, unless there are legal reasons that justify depriving one of them of its exercise. In some cases and depending on the circumstances, the parents may agree that only one of them will exercise it, for example, if one of them spends a lot of time abroad for work.
Alimony
The agreement on parental measures must establish the way in which the parents will contribute to meet the needs of children: support, housing, clothing, and education. Generally, when custody is shared, no alimony is set, but it can vary if there is a significant difference in the standard of living between the two parents.
The most common, however, is that the pension is paid by the parent who does not have the minor in his or her care. This is established based on the parent's income and is paid into the other party's current account every month.
Family home
When housing is property of both parents, it is important to determine who will use it. If there is no agreement, the judge may decide that the parent who has the children will use it. minors in careThis usually occurs in cases of divorce and where there is joint property.
Parental Measures Agreement: Signing the Agreement
Once the agreement has been drawn up and the parents have reached an agreement, they must go to court for the formal signing of the documentFor this procedure it is necessary to have the assistance not only of a family lawyer, but also of a attorneyOnce the document is signed, the judge issues a judgment in which the agreement is approved. A judgment that one parent can enforce if the other fails to fulfill their obligations.
It should be noted that the lawyer and attorney fees must always be paid halfway between the partsThis is not the case when the parents cannot reach an agreement and each seeks their own lawyer.
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