Your children's well-being It is not negotiable
In a separation, the biggest worry is always them. Your case is surely one of these, and we perfectly understand your anguish:
The disagreement is total: There is no way to agree on how you will organise your parenting and you fear ending up in a judicial «war».
Do you want Shared Custody: You want to get involved with 50%, but your ex-partner refuses and is threatening to seek full (sole) custody.
You feel threatened You hear phrases like «you'll never see them again» or «I'm going to take them away from you,» which generate real panic in you.
The situation has changed The agreement you signed years ago no longer works. The children have grown up, your schedules are different, or there's been a move.
The biggest risk is children becoming a political football. Our priority is to get them out of the centre of the conflict.
Legal optionsto obtain custody (shared or sole) that best protects the child
The law will always seek the «Best Interests of the Child». Our goal as lawyers is not to «win» against the other party, but to demonstrate to the judge which custody arrangement best guarantees your children's emotional and life stability.
we help you Defender Shared custody as the preferred regime, or a request Sole custody if circumstances (distance between homes, work schedules, etc.) make it the best for the child.
| Custody Arrangement | Sole parent custody | Shared Custody (Preferential) |
|---|---|---|
| How it works | One parent (custodian) lives with the child the majority of the time. | Both parents share co-parenting time (e.g. alternating weeks) and decision-making. |
| Child maintenance | The non-custodial parent pays a monthly maintenance and has a visitation schedule. | There is usually no pension (except in cases of significant imbalance). Expenses are shared. |
| Family Home | Usage is usually attributed to the child and the custodial parent. | Use can be rotational, sold or liquidated. |
| Decisions | Important decisions (Parental Authority) remain with both. | Important decisions (Parental Authority) are made equally by both. |
We know what you stand to lose. It's not money; it's time with your children. You deserve a lawyer who understands this priority and fights for it as if it were their own.
Why trust FA Lawyers to defend your children's custody
We understand that at this time you're not looking for just any lawyer; you're looking for a protector. We are empathetic with you in the office and firm strategists in the courtroom. Your peace of mind, and that of your children, is our sole priority.
Directed by Antonio Fernández Álvarez and Elena Pulido, chartered family lawyers.
Specialists in processes of Shared custody and single-parent.
defence of Best interests of the child as an absolute priority in each strategy.
Experts in Amendment of Measures due to a substantial change in circumstances.
Negotiation of Regulatory Agreements and Detailed Parenting Plans (to avoid future conflicts from legal «loopholes»).
Experience in processes with intervention from the court's Psychosocial Team.
Offices in Marbella, Seville and Tarifa.
Initial consultation to assess your case and the actual feasibility of the custody you desire.
Our process Steps to request custody
We will guide you through every step of this delicate process so that you never feel lost:
Enquiry and analysis: We listen to your story. We analyse your situation, that of your ex-partner, and, above all, that of your children (schedules, schools, roots, routines).
Attempt at Mutual Agreement It is always the first and best route for children. We draft a fair and detailed Regulatory Agreement and present it to the other party to negotiate.
Contentious Proceedings If an agreement is impossible, we file for custody proceedings (or Modification of Measures) requesting what is best for the child, attaching all evidence to support this (schedules, involvement, etc.).
Judgement and Psychosocial Team We prepare you and defend you in court. If the judge requests it, we coordinate the intervention of the Psychosocial Team so that they understand your position and that of the minors.
Case studies The child's best interests, our guide
Case 1: Obtaining Joint Custody (preferred arrangement)
Problem. Father seeking joint custody. The mother refused, alleging lack of involvement, and requested sole custody.
Solution A mutual agreement divorce was filed with a parenting plan. As there was no agreement, we went to trial, demonstrating (with emails, witnesses, schedules) the father's real involvement.
Result: Favourable Shared Custody Ruling, as it is the preferred regime and the benefit to the minor has been demonstrated.
Case 2: Modification of Measures (adjustment to reality)
Problem. Mother with sole custody. The father neglected to pay for extraordinary expenses and did not adhere to the agreed visitation schedule.
Solution A claim for Modification of Measures was filed to redefine and clarify what extraordinary expenses are and to enforce the non-payment of the pension.
Result: Agreement in court. The maintenance payments were updated, arrears were recovered, and a clearer, legally binding visitation schedule was established.
