Custody · maintenance · Geographic distance

Divorce with children and geographical distance: how to organize custody, visits and maintenance

When a couple separates and the parents live far away, questions arise about daily care, contact with both parents, and expenses for the children.

The starting point

After the breakup, one of the parents assumes the daily care of a minor. The distance makes regular visits difficult and economic and travel disagreements arise. In the absence of agreement, a judicial request is made for divorce and the adoption of family measures.

What questions are raised?

• child custody of the minor.
• Participation in important decisions.
• Communications and stays during vacations.
• Organization and cost of trips.
• maintenance and contribution to extraordinary expenses.
• Property consequences of the dissolution of marriage.

They are requests from one party. Its acceptance will depend on the tests and the corresponding resolution.

Are custody and parental responsibility the same thing?

No. Daily coexistence with a parent can coexist with the joint exercise of parental responsibility. How both issues are regulated must be examined.

Civil Code: articles 92 and 156 ↗ (opens in a new tab)

How to maintain the relationship when there is distance?

In the case, it is proposed to replace frequent visits with vacation stays and remote communications. To prepare a viable proposal, it is advisable to specify the school calendar, schedules, accompaniment and who organizes and pays for the trips. That proposal is not a rule for all families.

How is the financial contribution determined?

The maintenance is set according to the needs of the minor and the resources of the parents. They include, among other needs, housing, clothing, medical care and education.

Civil Code: articles 93, 142 and 146 ↗ (opens in a new tab)

It is useful to order proof of income, school and health expenses, housing and contributions made.

What about disagreements over important decisions?

When both exercise parental responsibility, certain disagreements may require judicial intervention. A parent's silence should not be interpreted as general authorization for any decision.

Civil Code: article 156 ↗ (opens in a new tab)

What if the family lives in different countries?

It is necessary to study which courts can intervene, the applicable regulations and the travel requirements. The Spanish Civil Code, by itself, does not resolve all international issues.

Prepare the consultation

It brings together existing resolutions, a summary of the family organization and relevant financial documents to study what measures need to be agreed or requested.