Parental Responsibility and Custody: Two Fundamental Concepts in Family Law
In the field of family law, two of the most relevant concepts are parental authority and custody of minor children. Both terms have a direct impact on the lives of those affected, especially when parents are in conflict with each other, such as during separation or divorce. Understanding what each of these concepts means and how they are managed within the legal framework is essential to ensuring the rights of minors and the proper application of the law. In this sense, a law firm that practices family law offers the necessary legal advice and support needed to effectively resolve these issues in Spain, France or in cross-border cases.
What is parental authority?
Parental authority refers to all the rights and duties that parents have over their minor children. This right implies not only the ability to make important decisions in the child’s life, but also the responsibility to ensure his or her well-being and development. Parental authority includes, among other things, education, health, food and the administration of the child’s property.
In most cases, both parents share this right, although there are situations where one of them can be excluded from parental authority by court order in the event of neglect or abuse. The law establishes that parental authority must always be exercised in the interest of the minor, giving priority to his or her best interests.
What is custody?
The right of access and accommodation, the custody of children, refers to the daily coexistence and physical care of the child. In situations of separation or divorce, it is important to determine who the child will live with and who will be responsible for the child’s day-to-day care. There are several forms of custody, the most common being alternating (shared-used below) custody and sole custody.
- Shared custody: Both parents share their time with the child, and decisions about their lives are made jointly. This option is increasingly favoured by the courts because it is considered to be in the best interests of the child by allowing the child to maintain a close and balanced relationship with both parents.
- Sole custody: In some cases, custody is awarded to one parent, while the other parent exercises visitation rights or visitation rights are established. This modality occurs when it is considered most beneficial to the child’s well-being, usually due to factors such as emotional stability or parental capacity.
The Role of a Family Law Lawyer
A lawyer understands that issues related to the exercise of parental rights and child custody can create uncertainty and concern for parents. Their job is to provide comprehensive, clear and personalized advice, helping clients understand their rights and the best options to protect the well-being and best interests of their minor children. BCV Lex, our teams in Bordeaux and Madrid are at your service and operate throughout France and Spain to defend your interests. Don’t hesitate to contact us.
