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José M.
José M., Attorney
Category: European Law
Satisfied Customers: 5916
Experience:  Spanish Attorney
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I am an American living in Spain , married to a Spaniard lady

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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 ?

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. and other European Law Specialists are ready to help you
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.