Loss and suspension of parental authority
Parental authority is an irrevocable, temporary, relative and non-tradable family power, where only a competent Judicial Authority or the death of the holder of such power can terminate it. This authority is exerted by the parents of the minor, which includes, in addition to the legal representation and administration of property, the right and duty to custody and guard, therefore we can say that parental authority is a product of the family situation.
Can I lose parental authority?
Parental authority, like everything, is exposed to abuses by its holders (parents), which leads to the suspension of said representation. The parental authority ends with:
The marriage or acquired majority of age;
– The death of those who exercise it,
– A judicial declaration of abandonment;
– A violation, dishonest abuse, corruption or serious or very serious injury by those who exercise it.
Likewise, the parental authority may be suspended or modified, in the opinion of the corresponding Authority, and always in the best interest of the minor, due to:
– The habitual drunkenness, the improper use of drugs, the habit of gambling (games of chance) in a way that harms the family patrimony, depraved behaviours or the proven vagrancy of the parents;
– The excessive hardness in the treatment that parents give their children;
– The refusal of parents to feed their children, forcing them to beg or allowing them to roam the streets;
– The crime committed by one of the parents against the other, or against one of their children or a sentence to prison for any punishable act;
– The incapacity or absence judicially declared; or,
– Any other form of notorious bad behaviour of the parents, abuse of power, failure to comply with family duties, or judicially declared abandonment of the children.
As can be seen, the suspension of parental authority is originated as a result of non-compliance or misuse by the holders, in relation to their rights and duties towards the minor. There is also a possibility to retrieve parental authority, as long as the grounds that led to its suspension disappear.
It is important to know the consequences of the suspension of parental authority, since, as the same word indicates, the authority of the holder over the minor is temporarily lost; In addition, he loses the right to represent him and to administer his assets during the time in which said right is suspended.
If you require legal advice in the family law area, ERP Lawyers & Associates offers an interdisciplinary team of lawyers with extensive experience in this area. Contact us and receive personalized legal advice.