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José M.
José M., Attorney
Category: European Law
Satisfied Customers: 4899
Experience:  Spanish Attorney
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I am an American living in Spain , married to a Spaniard lady

Resolved Question:

I am an American living in Spain , married to a Spaniard lady whom was born in Spain and lives in Spain , have a daughter whom was born in Spain but we r getting divorced. We both got married in Texas. The question is .. Do I have the right to live in Spain since I have a spanaird daughter ?
Submitted: 1 year ago.
Category: European Law
Expert:  José M. replied 1 year ago.

Abogado3044 :

Hi

Abogado3044 :

I am José M. spanish attorney

Abogado3044 :

You need your daughter be 18 years old in order to get the right to live in Spain

Customer:

I think you misunderstood my comment. Our daughter was born in Mollet Del Valles, Spain.

Abogado3044 :

I know

Abogado3044 :

The matter is that you need to be married when you ask for the visa or the doughter ask for you

Abogado3044 :

As you are divorced now and she can no ask for you until 18 you can no use her to get it

Customer:

OK , let me rephrase my question. Do I have the right to stay in Spain after the divorce because I am a father of Spaniard daughter ?

Abogado3044 :

As long as you have permission to stay you could renew it if you have way to ear your live

Abogado3044 :

The matter, to renew, its to probe the way of living without working in Spain

Customer:

who do i have the permisson from for having the right to stay in Spain because I am a father od

Customer:

of spaniard daughter ?

Abogado3044 :

No. If you never lived in Spain you can no get the right to live for her

Customer:

Change question, who do I ask for permisson to have me the right to stay in Spain because I am a father of Spaniard daughter ?

Customer:

I lived and married to a spaniard lady , and lives in Spain for 4 years and I am still living in Spain. You are confusing me, Mr, Jose

Customer:

I am still in Spain if that does help you understand my question ?

Abogado3044 :

You could ask for a permanent resident to live in Spain as long as you do no need to work in spain

Abogado3044 :

But not for her

Abogado3044 :

being his father do not give you better right to get the residence

Customer:

Forget it, thanks for trying to help but you are not helping. I am living in Spain and we r getting divorced but I want to stay in Spain and find me a job to earn and provide my daughter and want to stay in Spain so I can be close to my daughter, understand ¿?

Customer:

Are you saying that after we get divorced I will be FORCED move back to America ?

Customer:

I think you are not good at reading English, sir.

Abogado3044 :

Well.

Abogado3044 :

If you do not need to work in Spain you will get no problems to get the residence

Abogado3044 :

As long as you need to work it will be harder

Abogado3044 :

Let me find for you a link which explain it

Abogado3044 :

One moment please

Customer:

FESCA services said that since I am deaf I should get jobs easily because having a disabitly in a company will help their percent taken off on their bills

Abogado3044 :

Thats right yes, but you need the contract offer and manage the papers from US not as in Spain

Abogado3044 :

Take a look please

Abogado3044 :

http://extranjeros.empleo.gob.es/es/InformacionInteres/FolletosInformativos/archivos/triptico_reagrupacion_familiar_eng.pdf

Customer:

Okay If i do not need job in Spain then I can live in Spain but what I have is enough to provide myself but not enough to provide my daughter, and suppose I want child custody to share or for myself in the future then I will need job , yes ?

Abogado3044 :

Well, I have to tell you that in Spain the matter does not work as in US works and here its harder to get the custody of the child

Abogado3044 :

Most cases is given to the mother automaticaly

Abogado3044 :

And if you do not have incomes it will be imposible to get the custody for sure

Customer:

what if mother have bioplar or mental illness ?

Abogado3044 :

Its better for you, because its one of the exceptions to the usual rule

Abogado3044 :

So, if you can probe that the mother is dangerous for the minor it will be easier for you

Customer:

OK, if I request the court to have her to take test and if she refuse to comply court's order, what will happens ?

Customer:

I will ask the court to order her to take tests for bioplar, and mental issues. If she won't obey the court order then what happens ?

Customer:

Sir ¿?

Customer:

Hello ?

José M., Attorney
Category: European Law
Satisfied Customers: 4899
Experience: Spanish Attorney
José M. and other European Law Specialists are ready to help you
Expert:  José M. replied 1 year ago.
Hi again. Thank you If you two do not agree for the custody the judge will decide. As you probe her problema you will get better chances.

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