Human relationships are in constant evolution, something that also affects family models as we know them.
Precisely one of the most interesting changes that are taking place in recent times has to do with the emergence of the so-called co-parenting or shared parenting without couple bond.
To talk about it, the lawyer responsible for CrespoLaw, Elena Crespo, returns to the media, this time to the Catalan channel TV3, to talk about this new family model that gives more freedom to people. This is a viable option from the legal point of view that allows us to become parents in a different way from the traditional one, always through agreements that regulate the upbringing and custody of the children in common.
Co-parenting, an increasingly explored formula
The so-called co-parenting or parenting without a partner is a formula increasingly used in our society: it is an ideal option for people who feel the desire to be parents but, for various circumstances, can not do it as a couple and do not want to do it alone.
It should be noted that, as explained in the program Planta Baixa, co-parenting is an increasingly ‘fashionable’ formula and investigated by people who wish to become parents without doing so in the framework of a couple.
In the same way that it is possible and viable to become single parents, it is also possible for two people who are not romantically related to become parents of the same child. For this there are specialized agencies, as is the case of Copaternidad Barcelona, with which we have a collaboration agreement to shape this type of relationship from the legal point of view.
Through these companies it is possible to find the ideal profile for our case, but we can also go to them together with the chosen person to implement the entire process, both from the legal and medical point of view, from the steps prior to conception until the birth of the baby.
Co-Parenting and regulatory agreement
As Elena Crespo reminds us, and focusing on the legal implications of co-parenting or shared parenting, before the birth of the child it will be necessary to draw up a regulatory agreement in which the parental-child relations with the child will be set out and regulated.
Before the birth of the child, a framework agreement will have been drawn up on how the child’s upbringing will be regulated.
For example, in the case of Catalonia it is necessary to negotiate the following points:
- The place or places where the children will habitually live.
Rules should be included to determine which parent has custody at any given time. - The tasks that each parent should be responsible for in relation to the children’s daily activities.
- The manner in which changes in the guardianship should be made and, if applicable, how the costs they generate should be shared.
- The regime of relationship and communication with the children during the periods in which a parent does not have them with him/her.
- The regime of stays of the children with each of the parents during vacation periods and on dates specially designated for the children, for the parents or for their family.
- The type of education and extracurricular, training and leisure activities, if applicable.
- How to fulfill the duty to share all information about the children’s education, health and welfare.
- How to make decisions regarding change of address and other issues relevant to the children.
In the case of a baby, it is generally based on a progressive custody (with more time initially for the mother, mainly due to breastfeeding): little by little, it will move towards a model of shared custody in which the sharing of time is equal, provided that the parties so wish.
Other formulas for sharing time and tasks are perfectly viable as long as they comply with the law.
As for how co-parenting agencies work, these companies are in charge of putting in contact people who are compatible not from a sentimental point of view, but in terms of their desire to become parents, as well as in terms of basic aspects of parenting such as ideology of life and education, custody model… Geographical proximity (or that the parties are willing to travel), etc., is also taken into account.
One of the most frequent doubts has to do with what happens in case of major life changes (e.g. a move): in these cases, the management is carried out in the same way as in a normal couple that may be separated or divorced.
For all these cases, the regulatory agreement comes into play.
That is why it is important to clearly establish all these terms of the relationship, also taking into account that what has been agreed can be modified as the co-parenting relationship progresses.
If you want to know more, in this article we explain in detail what co-parenting is and how it works in Catalonia.
If you need help in any matter related to Family Law, please contact our team of lawyers in Barcelona..
