When a couple with children in common separates, it is necessary to begin a judicial procedure of measures of extramarital children to decide on the regime that the minors will have from now on.
What measures on extramarital children taken judicially?
When a lawsuit is filed after the parents break up, the actions that are frequently requested are as follows:
Attribution of the use of the common domicile, if any.
The guardianship and custody of minor children.
The visiting regime.
As it may sound to you, these are the measures adopted in divorce proceedings, the same articles of the Civil Code being applicable.
Procedure that can be contentious, that is, conflict or mutual agreement.
It can be very important for you to know what differences exist:
Judicial conflict or contentious procedure
It is when a presentation of the claim takes place in the place of residence of the parents of the children whose regime must be established. From there a so-called Family procedure is developed, where the Judge decides what is appropriate for the minors. That is why in the trial it will also be necessary to count on the Public Prosecutor to ensure their interests.
Judicial procedure when there is agreement or mutual agreement
It takes place when the members of the couple decide together to choose the regime by which to govern their lives and those of their children, drafting a Regulatory Agreement with a lawyer where all the measures that concern minors will be collected and will be presented by application in the Court of First Instance, ratified by both parties.
If you find yourself in this situation, we recommend that you contact Audacia Abogados requesting your appointment here.