Lawyers specialised in Parental Authority

At Winkels Abogados we can advise you on all matters relating to the parental rights and responsibilities of your minor child.

The exercise of Parental Authority (Patria Potestad), as a right and duty exercised by parents over their children, is of vital importance for the development of the minor, and at Winkels Abogados we understand the importance of its correct exercise.

The measure on the exercise of Spanish parental authority may be included in the main family proceedings, together with other measures, such as child custody (custodia) and visitation rights (regimen de visitas), in which our lawyers can request the exclusive exercise of parental authority by one of the parents.

The parental rights measure can also be articulated as a separate family law proceeding to request a specific measure, such as the transfer of the child´s residence with the custodial parent, the decision on the educational establishment or the right to travel outside the national territory with the child.

Parental authority, as well as custody, are crucial aspects of Spanish family law, and our lawyers are committed to provide you with the best advice. Parental authority is fundamental in family law, and our lawyers are dedicated to protecting your child’s interests.

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Parental Authority

What is Parental Authority?

Spanish Parental authority is the set of rights and duties that both parents generally have in respect of their unemancipated minor children.

It is not exercised indistinctly by one or the other parent, but the general rule is that parental authority is exercised jointly by both parents or by one with the express or tacit consent of the other.

As an exception to the general rule, and as a protective measure in favour of the children, the father or mother may not become the holder of parental authority in certain cases established by law, but these must be very serious situations, such as when they are convicted by a final criminal judgement of sexual offences against the minor child.

However, there are judicial avenues that allow to deprive a parent of parental rights only in certain respects, for example, of parental rights in health-related matters, where the parent is a continuing obstacle to safeguarding the child’s health.

Its ultimate purpose is for the benefit of the child, and it must therefore be exercised in a way that respects the child’s personality and protects his or her interests.

Parental authority

What rights and duties does Spanish parental authority entail?

Parental authority entails a series of rights and duties that are encompassed both in the personal sphere and in the property sphere of the minor child.

The rights and duties of both parents can be summarised in three main blocks:

To look after their children, to keep them company, feed them, educate them and provide them with a full education.

Represent them and administer their assets.

Decide where they will live.

On a day-to-day basis, these decisions translate into actions as simple as whether they go to one extracurricular activity or another, or more far-reaching decisions such as the school they attend or the medical specialist who treats them.

Parental Authority

Do children subject to parental authority have obligations?

Children subject to parental authority do have obligations and must obey their parents while they are under parental authority and respect them at all times, even when parental authority is terminated.

This duty of obedience that minors have, has as a counterpart the right of parents to correct their children, however, since 2007 this concept of correction has been limited in content, so that a violent act of a parent towards his or her child, with harm to the physical integrity of the minor, is not covered as a right of parents to correct their children in their exercise of parental authority.

On the other hand, minors subject to parental authority have a duty to contribute to family expenses within their limited possibilities.

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Parental Authority

Disagreements over parental rights

In cases of marital breakdown, whether by mutual agreement or by contentious proceedings, it is

important not to confuse the concept of parental authority with the concept of custody, since

while the former covers decisions concerning parental responsibility and is generally exercised jointly, custody covers only the right to care for the child, without involving other rights in regard to decisions concerning the child’s life.

Thus, in cases where there is a disagreement between the two parents on matters affecting parental authority – for example, whether the child in question should attend psychological therapy or not, whether the child should attend a private or state school, whether the child should take communion or not, etc. – there is a specific judicial procedure to which the parties can appeal in order for the judge to determine what is in the best interest of the child involved.

Parental Authority

Grounds for Termination of Parental Authority/Relinquishment of Parental Authority

The grounds for termination of parental authority are:

The death or declaration of death of the parent or child
Emancipation of the child
Adoption of the child

Termination of parental rights refers to cases where parental rights cease to exist, both for the holders of parental rights and for the child.

As for the waiver, parental authority is imprescriptible, non-transferable and unwaivable and, therefore, unwaivable to the parties.

It does not matter whether both parents are in agreement, it does not matter whether this is set out in a regulatory agreement, or whether they file a joint lawsuit, the only way to deprive a parent of parental authority is if he or she fails to comply with his or her parental obligations, and it can never be the parent himself or herself who files the lawsuit requesting the deprivation, but the other parent, the public prosecutor or the court ex officio can file the lawsuit.

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Lawyers specialised in Parental Authority

What rights and duties does Spanish parental authority entail?

Do children subject to parental authority have obligations?

Grounds for Termination of Parental Authority/Relinquishment of Parental Authority

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