What nobody tells you: Parental Authority vs. Custody and Care
It's very common to confuse these two concepts, and understanding the difference is the first step to regaining peace of mind. Often, the fear of «losing one's children» stems from not knowing exactly what we're negotiating in court.
- Parental Authority This refers to general rights and responsibilities regarding children (health, education, religion, change of address). In 99% of the cases in Seville, it is shared. This means your ex cannot operate on or change the child's school without your signature and express consent, regardless of who the child lives with.
- Guardianship and Custody This refers exclusively to daily cohabitation. That is, who the child lives with, who makes their dinner, and who tucks them into bed. This can be Exclusive (they live with one parent, and the other has visiting rights) or Shared (an equitable division of cohabitation time).
Understanding that Parental Responsibility will remain yours gives you the reassurance that you will continue to make decisions about your children's future. No one will erase you from their lives or take away your right to be their father or mother in important decisions. Custody is simply a matter of organising schedules so that the children have stability.
Our job is to ensure that the custody arrangement chosen is the one that best suits your reality. If co-parenting has been equitable until now, it is natural for it to continue to be so. If circumstances require another model, we will design it with the happiness of the children and the preservation of your emotional bond in mind.
How do we achieve Shared custody
The persistent myth that shared custody is «impossible» if one parent disagrees still exists. We want to tell you loud and clear: that is no longer the case. Nowadays, the Supreme Court considers shared custody to be the normal and desirable arrangement, because it allows children to maintain a full relationship with both parents without favouritism.
To achieve this, we don't sit back and wait. We designed what we call a Parenting Plan. This is a detailed document where we demonstrate to the judge how the children's lives will be organised: pick-up schedules, how extracurricular activities will be managed, who will look after them if they fall ill, and how holidays will be coordinated. It is proof that shared custody is not just a desire, but a viable and beneficial reality.
- We demonstrate your involvement: We provide evidence that you have always been there, at school meetings, at paediatrician visits and at park games.
- Logistical viability: We will analyse the proximity of homes and the compatibility of working hours to present a solid proposal that does not cause unnecessary stress to the children.
- Well-being as an argument: The judge is not looking to benefit the parents, but rather what is best for the children. If we can demonstrate that being with both parents is the healthiest option for their emotional balance, then shared custody will be the way forward.
Furthermore, if you already have an old sole custody order and your circumstances have now changed (you have a better schedule, live closer, etc.), we can initiate a Amendment of Measures. The law is not static; if life changes, your children's arrangements must be updated so you don't miss another minute of their childhood due to an agreement that no longer makes sense.
Families of Seville that have achieved balance
Throughout our journey in Seville, we have helped hundreds of mothers and fathers regain their smiles and time with their children. Here are three real-life examples that demonstrate that, with the right strategy, there is always a fair solution:
The Shared Fight A father with rotating shifts at a factory in the province faced complete refusal from the mother, who claimed he «didn't have time». At FA Abogados, we designed a Parenting Plan that included the logistical support of the paternal grandparents for the hours of work overlap. The judge valued the family network and the father's willingness, granting shared custody on alternating weeks.
2. Updates on Visits with Adolescents: A case where a 14-year-old son no longer wished to comply with the rigid weekend schedule that was agreed when he was 5 years old. Through a Modification of Measures and the «Exploration of the Minor» (where the judge heard the young person), we achieved a much more flexible schedule suited to the teenager's age, strengthening his relationship with his father based on trust rather than imposition.
3. Exclusive Custody for Protection: In a very delicate situation, we achieved exclusive custody for a mother because the other parent had serious neglect issues that put the child's safety at risk. We established a progressive, supervised visitation schedule through the Seville Family Meeting Point, ensuring that the child remained in contact but always in a 100% safe environment.
Case Joint vs. Sole Custody:
How do they differ?
Every family is unique and what works for one may not work for another. Here we compare the two main models so you can visualise which best fits your current situation:
| Concept | Shared Custody | Exclusive Case |
|---|---|---|
| Coexistence | Alternate weeks or fortnights (Equitable). | Usual residence with one. Visits for the other. |
| Child maintenance | There's usually none, or it's reduced to compensate for salaries. | Mandatory monthly payment set by the judge. |
| Home Use | It is usually temporarily limited or rotated (nest box). | It is attributed to the custodial parent and the children. |
