Loss Of Parental Authority: What It Is, Characteristics And Causes
In the context of divorce, the loss of parental authority is highly referred to. This, which should not be confused with legal custody, refers to the obligations and rights that parents have with their children, having to satisfy their needs and ensuring that these are met.
In practice, all fathers and mothers have parental authority, even if there is a separation. However, there are a series of situations in which this can be lost, usually due to some type of abuse or crime committed by the parents.
Next we are going to see a few touches on parental authority and how it can be lost
In legal terms, parental authority refers to the set of obligations, rights and duties of parents in relation to their child regarding his person and property, as long as these are still children or adolescents who have not been emancipated, or adults judicially declared incapable. While this may be natural when parents live together, married and getting along, the exercise of parental authority can become a tricky issue when the couple separates or disagrees on key points of their children’s education.
In practice, parents are responsible for taking care of their child and meeting all their needs, while raising them and ensuring the best intellectual, psychological, social and emotional development. Thus, parental authority It also refers to their education, material maintenance and protection of their health Included within this parental authority are such basic aspects as feeding him, taking him to school, taking him to the doctor, dressing him and everything that is necessary for him to be happy and constitute himself as a future functional individual in society.
Parental authority can be exercised by various people, depending on the case.
1. Married parents
In most cases, those who exercise this authority are married and joint parents In married couples with children, parental authority is exercised jointly and, in principle, no particular legal problem arises. This is the most typical situation and the least conflictive.
2. Divorced parents
Normally, when parental authority is discussed it is in the context of divorce. Both parents wonder who will end up exercising such authority, perhaps confusing the idea of legal custody of your child with that of this type of authority
The truth is that parental authority remains joint even in the event of divorce, at least that is how it is conceived in most state civil codes.
It is, in principle, independent of the custody arrangements established after separation. In other words, Both parents still have an obligation to ensure that their child gets what he or she needs, regardless of where he or she lives and with whom However, judges can entrust parental authority to only one of the parents if they consider that the interests of the minor are at risk.
3. Deceased father or mother
If one of the two parents dies, parental authority will fall exclusively to the surviving parent, with all the changes that this entails.
4. Death of both parents
In the event that both parents of the minor die, the child will be subject to the parental authority of a family council or legal guardian Here there could be several options such as, for example, grandparents, uncles, older siblings, family friends with legal guardianship…
It depends a lot on the country, but in many it is assumed that the burden of parental authority will depend on whether or not the child is recognized. If the child is recognized by only one of her parents, parental authority will be conferred on that parent. Normally, this authority is automatically entrusted to the mother if her name appears on the child’s birth certificate
What is parental authority for?
Parental authority serves to allow procedures that affect the minor On the one hand, we have the classic administrative procedures, such as signing a permit to go on a school trip, a dentist appointment, a registration for extracurricular activities and others of the same style that, given their little importance in legal terms, only require validation of one of the parents.
The procedures that would require the permission of both parents with parental authority would be bureaucratic aspects of greater importance, such as a name change, requesting a new nationality, enrolling in a new school…
Causes: When is parental authority lost?
Normally, parental authority is held by the parents until their child comes of age or until the child has been emancipated. Nevertheless, The loss can occur long before the child is of age depending on situations that are considered to put the interests of the child at risk According to the civil codes of most countries, the loss of parental authority can occur according to the following scenarios.
1. Parent who has denied paternity
In the event that the father or mother has denied paternity or maternity and would have to recognize it by virtue of an administrative resolution or judicial ruling
In the event that the father, mother or legal guardian who exercised parental authority has abandoned his or her son or daughter without just cause (e.g. illness, disability, kidnapping…), endangering your life or causing serious harm due to negligence.
Situations in which one or both parents disengage from relationships with their children are common, which causes a great deal of difficulties for those who do take care of the children.
You may be interested: “Childhood emotional neglect: characteristics, effects and treatment”
3. Abuse
Parental authority is withdrawn from the father or mother who has exercised physical, mental or moral abuse against his or her son or daughter and that harms his or her physical and mental integrity and health.
4. Sexual exploitation
In the event that the father or mother promotes the sexual exploitation of his or her son or daughter for his or her own benefit or that of others through trafficking, trafficking or pornography, prostitution and child sexual tourism.
You may be interested: “What is trauma and how does it influence our lives?”
5. Crimes
For a crime committed by one of the parents against the other or against their children and attacks his life and physical and mental integrity
The loss of parental authority implies the definitive removal of the powers, rights and some obligations that the parent has towards their child. This loss is a sanction that the legislation of each state imposes from which one or both parents are stripped of the legal capacity that they normally possess to exercise it with their children.
