Before assessing whether or not it is possible to terminate parental authority or custody, it is important to understand what each term means. Many clients often confuse the concepts of parental authority and custody. Here are the main differences:
Custody refers to the rights and responsibilities related to the direct care of a child. For example, which parent the child will live with. In this area, decisions of lesser importance are made that affect our children’s day-to-day lives.
Here we find several arrangements, as we have seen in previous blog posts: sole custody (assigned to one parent, with the other having visitation rights) and joint custody (both parents share responsibility for the child’s care and decision-making).
Is it possible to lose custody of our children? The answer is yes. The main reasons stem from parental lifestyles that affect, for example, the child’s well-being. There are also other reasons, such as neglecting the children’s care—whether regarding their hygiene, safety, nutrition, etc. We also see cases where custody is lost because one parent subjects the children to parental alienation syndrome, a topic previously discussed on this blog.
Parental authority, on the other hand, is the set of rights and obligations that parents have regarding their children. This includes making decisions about their education, religion, health, and so on. It is usually exercised by both parents, unless they are deprived of that right. When might that happen?
The judge may decide to terminate parental rights in cases of serious and repeated failure to fulfill parental duties. For example: cases in which parents have committed acts of domestic or gender-based violence against their children, cases of sexual abuse, physical or psychological abuse, etc.
In these legal proceedings, reports from other specialists, such as psychologists, are very important in determining whether or not to revoke her parental rights.
Is it possible to regain parental authority? Yes, but only if the judge so determines and if the case that led to the deprivation has been resolved.
If you find yourself in a situation similar to those described, please don’t hesitate to contact us.
Anna Nicolàs Torán
Attorney Specializing in Family Law
MC Abogados
