One of the most topical issues in Family Law is co-parenting, a new parenting model about which we have already spoken on several occasions in our blog.
Now we do it for RTVE Cataluña: I have had the pleasure of receiving in the office of Crespo Law in Barcelona the news team of Radio Televisión Española (RTVE) to explain the legal ins and outs of this new formula to become fathers and mothers that is becoming more and more present. If you still do not know what co-parenting is, it consists of a formula of shared upbringing without couple bond.
It is chosen by those people who feel the desire to be parents but, for different circumstances, cannot or do not want to do it as a couple, but do not want to do it alone.
Co-Parenting and regulatory agreement: the key tool from a legal point of view
In order to establish a method of shared parenting, it is necessary to reach a series of agreements, and this is precisely what we talk about for RTVE. The legal instrument that we use is the regulatory agreement, which is the same that is used in case of divorce or separation to regulate aspects such as the exercise of the custody and guardianship in all its extremes.
Think that, in the same way that a couple that breaks up will have to establish rules about how to raise their children separately in the future, in the case of co-parenting we will reach these agreements from the very moment of the child’s birth, ‘skipping’ the couple’s relationship phase.
The upbringing thus takes place without any sentimental bond, something that allows to subtract the possible disadvantages associated with feelings and a potential breakup.
There are different possibilities: on the one hand, you may already know the person with whom you would like to establish this co-parenting link, so it would simply be a matter of giving legal form to your agreement and choosing the most appropriate formula for fertilization (the most common is to go to an assisted reproduction clinic and explore different options, whether or not taking into account the genetic material of the future parents).
On the other hand, there are also more and more agencies in Spain dedicated to put in contact people with the same interest in becoming parents without a couple link with the other parent.
In these cases the agencies will be in charge of putting you in contact with like-minded people, helping you in the process of searching for agreements and accompanying you throughout the process, including the fertilization and pregnancy phase, as well as the drafting of the regulatory agreement to establish the chosen parenting formula.
In Crespo Law we are pleased to have an agreement with the company ‘Copaternidad Barcelona‘ that we have maintained for more than a year, providing legal advice to those who come to this formula, helping them to design the measures of shared custody and regulatory agreements or parenting plans applicable to the upbringing of their children.
As for the content of this regulatory agreement, the aspects to be regulated in terms of the exercise of custody and guardianship are identical to those regulated in the case of separation or divorce.
The most frequent is to establish a formula of shared custody, so that both parents have the same degree of involvement in the upbringing of the child.
In the regulatory agreement it will also be established in what form the pick-ups and deliveries of the child will take place.
In addition, the agreement will establish guidelines for the distribution of vacation periods, birthdays and other special dates, as well as the way in which communications with the other parent should take place during the periods in which the child is with the other party.
Also, alimony, formulas of distribution of the ordinary and extraordinary expenses of the child, agreements in the matter of extracurricular activities or questions related to the education of the minor, etc. can be established.
Co-parenting in Catalonia: parentality plan
In Catalonia, in addition to the regulatory agreement, we will have to formalize a parentality plan, a much more exhaustive document than the previous one, which includes specific and concrete measures on how the upbringing of the children will be developed.
Specifically, the parenting plan must explain the way in which both parents will exercise their parental responsibilities, stating the commitments they assume with respect to the custody, care and education of the children.
Its content should refer to aspects such as the place or places where the children will usually live, the tasks that each parent should be responsible for in relation to the daily activities of the children or how to fulfill the duty to share all information about the education, health and welfare of the children.
Also how to make decisions about moving house and other issues relevant to the children.
In addition, the parenting plan proposals may provide for the possibility of resorting to family mediation to resolve differences arising from the application of the plan, or the convenience of modifying its content to adapt it to the needs of the different stages of the children’s lives.
From this space we would like to thank again RTVE for their visit and their interest in giving visibility to this new formula of parentality for which more and more people are opting.
If this is your case and you need legal help to shape the agreements that will define your way of parenting, please contact our team, please contact our team of lawyers..
