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Know the difference between legal custody and parental authority

Lawyer James explains the difference between custody and parenthood | Font: PTR

Family lawyer Fiorella Himes recalled that Article 74 of the Children and Adolescents Code states that parental authority is a right and duty, that is, a father or mother must look after, educate and feed their children, since this is the inalienable right of parents. each parent from the moment the child is born.

In the “Family and Justice” RPP sequence, James argued that the difference with custody is that when there are separated parents, the person with whom the child will live or spend the night, which may be determined by a judge or by conciliation. the person who will be the guardian.

The specialist clarified that if the father raped his children, then this fact must be proven in court and, therefore, the father can refrain from exercising custody, but this must be properly proven in court.

Counsel warned that there are times when parents make false claims with the intention of harming the other spouse, so it is prudent to hold a hearing before a remedy is issued.

Fiorella Himes added that parental authority is the right of every father and every mother, and property rights are who the child will live with. “In the event of a divorce or separation, the parent with whom the child remains will exercise custody of the child, he exercises it in fact, but in order for this custody to be legal, it will be exercised through an act of reconciliation or a court decision,” he said. noted.

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Source: RPP

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