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José M.
José M., Attorney
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Experience:  Spanish Attorney
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Does Spain have a child adbandonment law ? My partner left

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Does Spain have a child adbandonment law ? My partner left 2 years ago and moved back to the UK leaving no child maintanence nor visiting or contacting. Is there an abandonment law to revoke his rights?

José M. :

Hi There

José M. :

I am José M. spanish attorney

Customer:

hello

José M. :

To leave child in a risk for their lives or not attendind their lifes needs its a criminal offence in Spain

Customer:

He is attended, he lives with me his mother

José M. :

We need to study the behaviour of the parent in order to know if it is considered criminal action

Customer:

I have custody but he has visitation rights which I would like taken away

Customer:

he left the country 2 years ago

Customer:

no money, no visits, no contact

José M. :

Is he is paying child support?

José M. :

Do you have a legal sentence from court which forces him to pay ?

Customer:

yes i have this and he does not pay. its suppose to be 500 a month but he does not pay

Customer:

I have legal sentence yes

Customer:

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?

José M. :

If you have a sentence, its a crminal offence not to pay child support two months in a row or 4 monts separatly

José M. :

As your lawyer has told you he has now a pending criminal offence to pay in Spain

José M. :

As soon as he will be in spain he will be arrested

Customer:

yes but this can go on for years and years. is there no way to have his rights taken away?

José M. :

In another way you could demand the money unpaid in the country he is now with the help of a local attorney

Customer:

after 2 years? my husband would like to adopt my son

Customer:

England?

José M. :

In order to adopt your soon it has be answered for a UK attorney

Customer:

I do not want the money paid. I want him to have all rights taken away

José M. :

Spanish law its not apllied

Customer:

but we are both residents here in spain and my son was born here

José M. :

The problem is that the father has rights even unpaying unless the UK law tell the other thing

José M. :

I am an spanish attorney, in spain the father does not lose anything unpaying

José M. :

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

Customer:

but it was the spanish courts that made the sentence so do they not need to be the one to change it?

José M. :

You could try in the family court to demand the patria potestad because he has abandonated them at all

José M. :

If the judge give you the patria potestad your partner even could adopt them

José M. :

But you will need to probe tha fact of the abandon of the minors

Customer:

I think I have the patria potestad. this is sole custody no????

José M. :

If he appears and tell that he deos not want to lose the patria potestad you could do anything more

José M. :

No, custody and patria potestad is different

Customer:

he will not appear again in spain

Customer:

what is patria potestad

José M. :

Patria potestad is the right you have being the father of the minor. Inheritage rights, second names and so on

José M. :

Its deeper than custody

Customer:

ok can you tell me how to ask for this to my lawyer in spanish?

José M. :

Custody its just the right to be on care with the minors

José M. :

Well. You have to contact with your spanish attorney and demand the lose of the patria potestad for him for abandon of the minors

José M. :

You will have to probe the fact on the abandon

Customer:

ok great. this sounds promising. so then we go to court again here in spain?

José M. :

Yes. You have to manage in the family court. Attoneys help needed

Customer:

ok

Customer:

thank you.

José M. :

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

Customer:

you mean once they look for him, if they do not find him, he can lose the patria?

José M. :

Our civil code says that the parent coul lose it for abandon

Customer:

do u have any records of specialist lawyers in the Mareblla area

Customer:

Marbella

Customer:

specialising in child law

José M. :

Sure, an speaking english attrneys list

José M. :

Wait a minute please

Customer:

english is not important my husband is fluent y hablo poco tambien

Customer:

the quality of the lawyer is better

José M. :

Ok Your embassy provides you with the list https://www.gov.uk/government/world/organisations/british-embassy-madrid

Customer:

but i do everything here in spain not in the UK ?

Customer:

i go to family court in spain yes

José M. :

Yes, they are in Spain

Customer:

ok

Customer:

thank you

José M. :

You could speak also with the colegio de abogados

Customer:

ok

Customer:

thank you

José M. :

Thank to you

José M. :

I will be here if needed

José M. and other Spain Law Specialists are ready to help you

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