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I am José M. spanish attorney
To leave child in a risk for their lives or not attendind their lifes needs its a criminal offence in Spain
He is attended, he lives with me his mother
We need to study the behaviour of the parent in order to know if it is considered criminal action
I have custody but he has visitation rights which I would like taken away
he left the country 2 years ago
no money, no visits, no contact
Is he is paying child support?
Do you have a legal sentence from court which forces him to pay ?
yes i have this and he does not pay. its suppose to be 500 a month but he does not pay
I have legal sentence yes
So I placed a denuncia and at the moment my lawyer told me they are doing the Captura y busca but this is taking a long long time. Is there something else I can do?
If you have a sentence, its a crminal offence not to pay child support two months in a row or 4 monts separatly
As your lawyer has told you he has now a pending criminal offence to pay in Spain
As soon as he will be in spain he will be arrested
yes but this can go on for years and years. is there no way to have his rights taken away?
In another way you could demand the money unpaid in the country he is now with the help of a local attorney
after 2 years? my husband would like to adopt my son
In order to adopt your soon it has be answered for a UK attorney
I do not want the money paid. I want him to have all rights taken away
Spanish law its not apllied
but we are both residents here in spain and my son was born here
The problem is that the father has rights even unpaying unless the UK law tell the other thing
I am an spanish attorney, in spain the father does not lose anything unpaying
As soon as your son could be spanish, spanish law could be apllied, so the father does not lose his rights for the fact that he does not pay
but it was the spanish courts that made the sentence so do they not need to be the one to change it?
You could try in the family court to demand the patria potestad because he has abandonated them at all
If the judge give you the patria potestad your partner even could adopt them
But you will need to probe tha fact of the abandon of the minors
I think I have the patria potestad. this is sole custody no????
If he appears and tell that he deos not want to lose the patria potestad you could do anything more
No, custody and patria potestad is different
he will not appear again in spain
what is patria potestad
Patria potestad is the right you have being the father of the minor. Inheritage rights, second names and so on
Its deeper than custody
ok can you tell me how to ask for this to my lawyer in spanish?
Custody its just the right to be on care with the minors
Well. You have to contact with your spanish attorney and demand the lose of the patria potestad for him for abandon of the minors
You will have to probe the fact on the abandon
ok great. this sounds promising. so then we go to court again here in spain?
Yes. You have to manage in the family court. Attoneys help needed
If he does not appear, the judge will try to find him, but if he does not take care you could got the patria potestad
you mean once they look for him, if they do not find him, he can lose the patria?
Our civil code says that the parent coul lose it for abandon
do u have any records of specialist lawyers in the Mareblla area
specialising in child law
Sure, an speaking english attrneys list
Wait a minute please
english is not important my husband is fluent y hablo poco tambien
the quality of the lawyer is better
Ok Your embassy provides you with the list https://www.gov.uk/government/world/organisations/british-embassy-madrid
but i do everything here in spain not in the UK ?
i go to family court in spain yes
Yes, they are in Spain
You could speak also with the colegio de abogados
Thank to you
I will be here if needed