Parental authority (“patria potestad” in Spanish) is the set of rights, powers, and duties that parents have over their non-emancipated children and corresponds to the parents, regardless of whether they are married to each other or not, as its foundation lies in parent-child relationships.
This authority will always be exercised in the interest of the sons and daughters, in accordance with their personality, and with respect for their rights, physical and mental integrity.
Parental authority should not be confused with custody. Custody focuses on the daily and usual cohabitation with minor children.
In case of separation or divorce, it is common for both parents to share parental authority, regardless of whether custody is sole or shared.
What rights and duties does it include?
- To watch over them, have them in their company, provide for their needs, educate them, and ensure their comprehensive development.
- To represent them and manage their assets.
- To decide on the habitual residence of the minor, which can only be changed with the consent of both parents or, failing that, by court authorization.
How is parental authority exercised?
It will be exercised jointly by both parents or by one alone with the express or tacit consent of the other. Acts performed by one of them in accordance with social norms and circumstances or in situations of urgent need will be valid.
If the parents live separately, parental authority will be exercised by the one with whom the child lives.
However, the judicial authority, upon a reasoned request from the other parent, may, in the interest of the child, grant the requester parental authority to be exercised jointly with the other parent or distribute among them the functions inherent to its exercise.
What happens if there is disagreement between the parents in exercising this right?
In case of disagreement in the exercise of parental authority, either parent can turn to the judicial authority, which, after hearing both parents and the child if mature enough and, in any case, if over twelve years old, will assign the decision-making power to one of the two parents.
If disagreements are repeated or if any other cause seriously hinders the exercise of parental authority, it may be entirely or partially assigned to one parent or distributed between them. This measure will be valid for a fixed period, which can never exceed two years.