Before assessing whether or not it is possible to withdraw parental authority or custody, it is necessary to know what is meant by each of them. Many clients often confuse the concepts of parental authority and guardianship and custody. Here I explain the main differences:
Guardianship and custody refers to those rights and duties that focus on the direct care of the child. For example, with whom of the two parents will live. In this sphere, minor decisions are made that affect the day-to-day life of our children.
Here we find several modalities, as we have seen in previous blog articles: sole custody (one parent assumes custody and the other has visitation rights), shared custody (both parents are responsible for the care and decision making of the child).
Is it possible to lose custody of our children? The answer is yes. The main reasons are due to parental lifestyles that affect, for example, the well-being of the child. There are also other reasons such as neglecting the care of the children, whether it be their hygiene, safety, feeding, etc. We can also find cases of loss of custody because one of the parents exercises over the children the parental alienation syndrome, also discussed previously in the blog.
Parental authority, on the other hand, is the set of rights and obligations that parents have over their children. This includes making decisions about their education, their religion, their health, etc. It is usually exercised by both parents unless it is appropriate to deprive them of its exercise. This is usually exercised by both parents unless it is appropriate to deprive them of its exercise. When could that happen?
The judge may decide to deprive it in case of serious and repeated breach of parental duties. For example: cases in which the parents have committed acts of family or macho violence against their children, cases of sexual abuse, physical or psychological abuse, etc.
In order to assess whether or not to deprive her, in these judicial processes, the reports of other specialists such as psychologists are very important.
Is it possible to regain parental authority? Yes, but only if the judge so determines and if the cause that led to the deprivation has ended.
If you find yourself in a situation similar to those described, do not hesitate to contact us.
Anna Nicolàs Torán
Lawyer Expert in Family Law
M&CAbogados
