What is parental authority in Colombia and how does it work?

What is Parental Authority in Colombia?

What is Parental Authority?

According to article 288 of the Colombian Civil Code, parental authority “is the set of rights and obligations that the law recognizes to parents over their unemancipated children, to facilitate the fulfillment of the duties imposed on them by their status”.

Parental authority, also called “Parental Power,” grants rights and duties to parents over their children. Parents are responsible for: protection and integral development of the child or adolescent in society, management of their assets, authorizations, judicial and extrajudicial representation, among others.

Parental authority is a right that is immediately recognized upon the child's birth, regardless of marriage. This right is of public order, mandatory, irrevocable, personal, non-transferable, and inalienable. "Unemancipated children" refers to those who are economically dependent on their parents. A minor who works or has married is considered an emancipated child.

Difference between Parental Authority and Custody

Since both deal with the rights and duties of parents towards their children, these two terms are often confused or treated as synonyms, although in reality they are two independent figures.

As mentioned earlier, parental authority refers to the rights and duties that individuals acquire over their unemancipated children, even without marriage; they are of public order, personal, and cannot be reconciled.

Custody, on the other hand, refers to the custody of children by one parent, this figure arises when there are reasons for separation of the couple or termination of marriage, therefore, custody is a reason for conciliation, where the parties can negotiate the periods of custody or remove the possibility from the other person.

Custody can be lost, but not parental authority. For example, a couple separates and the mother is granted custody of the child; if the mother wants to travel abroad with her child, and the child is still a minor and not emancipated, she must have the father's authorization, since he still has parental authority over his child.

Another difference is who exercises both figures. While parental authority is personal and non-transferable, that is, it is exercised by the parents, custody extends to people who also live with the person and the child in the family, social and institutional circle: grandparents, uncles, nannies and teachers.

Can Parental Authority be Lost?

There are cases in which a family judge can remove parental authority from a parent, either temporarily or permanently. These causes are stimulated in articles 310 and 315 of the Colombian Civil Code:

The causes that give temporary suspension of parental authority are contemplated in article 310 of the Colombian Civil Code, which are:

• Poor management of the child's assets.
• Periods of prolonged absence of one of the parents.

On the other hand, the causes that lead to the loss of parental authority are contemplated in article 315 of the Colombian Civil Code, which are:

• Depravity.
• A custodial sentence of more than one year.
• Serious crimes committed by the adolescent with the parents' permission.

The minor's relatives (one of the parents, grandparents, or uncles) may initiate a suspension or loss of parental authority process before a judge ex officio or a family defender.

Can Parental Authority be Recovered?

Parental authority can only be recovered if it was temporarily suspended. To do this, the father or mother must demonstrate that the situation that caused the suspension of parental authority has been overcome.

This process must be carried out before the Colombian Institute of Family Welfare (ICBF) or a family judge; it is recommended to have the advice of expert lawyers to achieve a proper process.

The requirements for requesting parental authority are:

1. Submit a verbal or written request to the Family Defender.
2. Demonstrate that the reasons for which Parental Authority was suspended have been overcome.
3. Documents:
   • Birth certificate of the child or adolescent.
   • Civil registry of the applicant to prove kinship.
   • Death certificate of the parents, if applicable.
   • Names of two witnesses, indicating address and telephone number (they can be friends or relatives).
   • Copy of the sentence of deprivation of Parental Authority, if applicable.
   • Copy of the citizen's ID card of the person requesting custody and their location data. Verbal or written request, indicating why custody is needed.
   • Request for rehabilitation of the appointment request.

In short, parental authority encompasses the rights and duties that parents acquire over their unemancipated children, who must ensure the proper development of the minor and intercede for them as the case may be.

At Servicio Legal, we are experts in family law, and we have family law attorneys who can assist in all procedures related to parental authority; we always seek to ensure that the rights of minors are respected and that they are provided with an adequate environment for growth. If you require advice on your procedures, you can contact us by clicking here.