Do you know what consist of parental rights and custody over the children?

In many cases there is some confusion about two quite different concepts present in most legal systems, such as parental authority and custody over children. Clear them will be a key concept for the negotiation of children with your ex partner.

a) The parental rights

This concept consists of a set of rights and obligations that parents have over their minor children with a view to the adoption of important decisions in your life.

In other words, it is the involvement by both parents in important decisions about the children as they could be his religious upbringing, their subjection to certain medical treatments, or fate and management of certain real property.

The legislation establishes several specific causes that could lead to the extinction of the same: the emancipation of the child (before the age of majority or it), the death of parents or adoption by others.

He also notes that the serious and repeated breaches by the parents in relation to their duties towards their children could lead to the deprivation of it by a court.

Ultimately, the break-up does not mean depriving of parental rights for any of the spouses, thus continue to participate on an equal footing when it comes to making momentous decisions and resolutions on the lives of their children.

b) Custody and Guard

The pair breaking gives rise to a situation of great uncertainty in the face of children and that must be resolved. We do not mean as a transcendental character issues, but to everyday small: who have to live, how you articulate your life, what this day will eat or what clothes he should buy.

All these aspects could be addressed through custody, to be established from this break through court judgments, the couple may take such decisions would consider appropriate in connection therewith (the judge in such cases, would validate the through the said Judgement).

Custody may be shared, which means an identical relationship of both parents in the lives of their children, accounting for a balanced (not exactly identical) of his time, or single parent, when it is attributed to a single parent, accounts for the other access rights that would maintain contact with his son in the days prefixed, maintaining that if a right to stay on at all times about his condition and his life (remember that parental authority is not extinguished with the break of the relationship).

While working his way custody is gradually, the truth is that in countries like Spain is still very uncommon for judges choose to set it, and is most often attributed to custody, as an almost automatic, to the mother.

This is certainly something that should change over time, facing greater involvement of parents in their children's lives. This will undoubtedly have very positive effects for them.



Begoña Alcaine Basin

www.a-divorcios.com