In general terms, parental authority is the right that someone has, be it parents, ascendant relatives and even a public institution (in some cases) over a minor to exercise legal representation of this and their assets. Parental authority also comes with a series of obligations that must be guaranteed to promote the full development of the minor.
This concept may vary depending on each local legislation of the different states of the Mexican Republic, but specifically in the Civil Code of the State of Quintana Roo, the law gives us the following definition in its article 991:
"Parental authority is the set of rights and obligations recognized and granted by law to parents and grandparents in relation to their children or grandchildren, to care for, protect and educate them, seeking at all times an environment of respect; as well as their goods."
The mothers and fathers of a minor have automatic parental authority over their children and this is inalienable, but can be withdrawn by a court decision. For Quintana Roo, should both parents die, parental authority would pass to the grandparents (either paternal or maternal) without any preference.
In Mexico, in general, this can be lost when a judge verifies that those responsible for the minor are not guaranteeing their superior good, and that they may be at risk of not having optimal human development. There are also cases in which this set of rights and obligations is lost when the responsible person has died or is legally incapacitated to continue exercising it.
In the words of Carlos Gustavo Ponce, Secretary of Study and Account of the General Coordination of Advisors of the Presidency of the Supreme Court of Justice of the Nation, affirms that:
"We must not see the loss of parental authority as a sanction for the father who does not comply, that is not the correct perspective. It is not about sanctioning and punishing the father as if it were criminal law, that he did something and then comes a reproach from society. It is a measure aimed at protecting the minor. The reason that justifies depriving someone of parental authority is to protect the minor."
If we observe the Civil Code of Quintana Roo, we can see that in Chapter Three it indicates some assumptions, which in case of being committed by those responsible for the minor, this will lead to the loss or suspension of the right of legal representation of a minor. These assumptions are:
When the father and mother lose parental authority over one of their children, therefore this also brings with it the suspension of custody. Do not confuse the terms of parental authority with custody because they are different concepts. The latter derives from the first, and is related to the agreement that the parents have regarding the rights of coexistence with the minor.
It is important to emphasize that when one of the minor’s parents has lost parental authority, this does not mean that they can disregard the obligations of raising their children (food, education, etc.), according to article 1019 Ter, of the Civil Code from Quintana Roo.
These matters can be very complex, so we invite you to consult one of our attorneys, who have significant experience and are certified as specialists, both in family law and civil law.
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