Parental authority is defined within the legal context as the set of rights and obligations, which the legislation grants to parents, over their minor children who are not emancipated, or who have a disability. Its main objective is to protect the maintenance and education of children. The origin of the term sends us to Roman law, since it was at this time that this word began to be used. At that time, parental authority was understood as the power conferred on the father, for the particular benefit of the family and the children subject to him, whom he had to protect. In ancient Rome this power over children was, absolutely and indefinitely, the father.
At present, parental authority is exercised by the father and mother, and where both have equal rights for that performance, although this does not mean that they must always exercise it together, since if one of the two is missing, the one that remains is qualified to have parental authority. It is important to emphasize that this right does not derive from marriage, but is based on natural parental-filial relationships, regardless of whether they are born within or outside of marriage.
The persons qualified to have parental authority are the father and the mother, and in the absence of both, the grandparents, in the order established by law or the family judge. In the case of children born out of wedlock, parental authority corresponds to the one who recognizes the child in the first place, if for any reason a dispute arises between the parents, the family judge will be in charge of resolving what is most convenient for him. less.
Parental authority ends when: the person exercising it dies, if there is no other person to whom it falls; with the emancipation or when the children reach the age of majority.
Legislation can revoke parental authority when: the minors are in a state of abandonment; when they are victims of physical abuse by their parents, when the health, morality or safety of their children is in danger.
