Qué son las medidas paternofiliales

13 Comments marzo 14, 2022

Se denominan medidas paternofiliales al conjunto de efectos jurídicos que la separación o divorcio de los padres produce en su relación jurídica con los hijos, en concreto:

✔ Atribución de la guardia y custodia de los hijos a ambos padres (custodia compartida) o a uno de ellos (guardia y custodia en exclusiva).

✔ Atribución de pensión de alimentos a cargo del padre o madre en función de su capacidad económica, disponibilidad para cuidar de los niños y las necesidades del menor. Se denominan alimentos a lo indispensable para sustento, educación, vestido y sanidad no cubierta por la Seguridad Social, y siempre teniendo en cuenta los hábitos previos de los progenitores antes de la ruptura con respeto a los menores.

✔ Atribución (en su caso) de pensión por desequilibrio económico para el miembro de la ex pareja o ex cónyuge al que la ruptura sentimental le provoque un desequilibrio manifiesto (por ejemplo, padre funcionario con altos ingresos y madre con varios hijos y dedicación exclusiva a su cuidado).

✔ Atribución del uso y disfrute de la vivienda familiar (generalmente cuando esta esté en copropiedad) normalmente a favor del cónyuge que quede con la guardia y custodia o que tenga menores ingresos.

✔ Régimen de visitas del padre o madre que abandone el domicilio familiar, bien en custodia compartida (especificando la distribución de las vacaciones escolares, puentes, días especiales, periodos de alternancia del cambio de progenitor, etc.) o bien en guardia y custodia en exclusiva (horarios de visitas y comunicaciones, periodos de estancia con uno y otro etc.).

Cuando es una pareja de hecho la que se rompe, la demanda que regula la ruptura es de “medidas paternofiliales” y cuando la pareja había contraído previamente matrimonio civil, la demanda se denomina “de divorcio”, pero contiene igualmente medidas paternofiliales, ya que los hijos tienen los mismos derechos frente a sus padres, con independencia de que estén casados o no.

Si tienes más dudas, te invitamos a contactar con nuestro despacho de abogados. Puedes hacerlo a través de nuestro número de teléfono 630 52 08 38.


13 Comments

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