Article 436 Holders of parental authority may not dispose of or encumber in any way the immovable property and movable property of value corresponding to the child, except for reasons of force majeure or manifest advantage and with the prior authorization of the competent judge. You also cannot enter into a lease of more than five years or receive an advance lease of more than two years; sell commercial, industrial, income securities, stocks, fruits and livestock at less than the market value quoted on the date of sale; donate children`s property or voluntarily renounce their rights; or pay a deposit on behalf of children. Article 430: In second-class property, the property and half of the usufruct belong to the son; The administration and the other half of the usufruct correspond to the persons who exercise parental authority. However, if the children acquire property by inheritance, bequest or gift and the testator or donor has made the usufruct belong to the child or is intended for a specific purpose, the provisions apply. Article 438: The right of usufruct over persons exercising parental authority expires: I. For emancipation resulting from marriage or age of children; II. For the loss of parental authority; III. By withdrawal. Article 428: The property of the child, as long as he exercises parental authority, is divided into two categories: I. property acquired through his work; II.
Goods acquired for another purpose. Hello If you can, he can voluntarily renounce parental authority by appearing before a judge or through a notary. A warm greeting Ignacio Tomás Abogado Article 414.- Parental authority over children is exercised by the parents. If, for any reason, one of them ceases to exercise it, its exercise will correspond to the other. In the absence of both parents or because of other circumstances provided for in this Ordinance, parental authority over minors is exercised by second-degree ascendants in the order determined by the family court, taking into account the circumstances of the case. Article 439: Persons exercising parental authority are required to account for the management of their children`s property. The only case in which a judge would grant voluntary termination of parental authority is the case of adoption. If a step-parent wants to legally adopt his or her spouse`s children, thus replacing the legal and financial responsibility of the biological father, that biological father has the option to adopt and waive all parental rights. Once the adoption is complete, the biological father is no longer parent-child and has no financial obligation to the child. Parents cannot renounce the exercise of parental authority over their children, even if they misbehave and become violent.
This is the opinion of a recent judgment (the text of which can be consulted here) rejecting the appeal of a father who invoked humanitarian reasons to renounce parental authority over his two adolescent children. In its judgment, the court reminds him that paternity is not a right that can be waived and that it also©includes duties such as the care and training of minors. Article 443: End of parental authority: I. With the death of the one who exercises it, when there is no other person into whom he falls; II. With emancipation, derived from marriage. III. Because of the age of the child. The Audiencia de Palma rejected the father`s request because « parental authority is not a right that can be waived ». As the court explains, it is a « conglomerate of rights and obligations » that « corresponds to those who have made the decision to conceive a child » as long as it is unable to support itself. Article 419: Parental authority over the adopted child is exercised only by the persons who adopt him. This article answers frequently asked questions about the end of a father`s parental responsibility for his child. This article was written by TexasLawHelp staff.
In the United States, each state has its own laws to determine when a parent`s rights to view or raise their children can be taken away. Common reasons include: paternity rights may be waived voluntarily, usually to facilitate adoption, or involuntarily if a father is declared unqualified or does not act in the best interests of the child. The process is complicated and can be extremely stressful and time-consuming. However, with patience and a solid knowledge of the legal system, you can successfully waive parental rights. Article 441: Judges are empowered to take the necessary measures to prevent the child`s property from being wasted or diminished as a result of the mismanagement of those exercising parental authority. These measures are taken at the request of the persons concerned, of the minor when he or she has reached the age of fourteen or, in any event, of the Public Prosecutor`s Office. A case of deprivation of parental responsibility is considered a parent-child relationship (SAPCR). Deprivation of parental responsibility is the legal procedure by which the court terminates the parent-child relationship between a child and one or both parents.
The most common way to transfer rights over children is when they are given up for adoption, either to a family member or to a person outside the minor`s environment. Some parents may also waive their rights to government agencies if they cannot care for the children. Article 431: Parents may waive their right to half of the usufruct by declaring their renunciation in writing or by any other means leaving no room for doubt. Can I ask my ex-partner to renounce paternity before the birth of my child? Or with the simple fact that I don`t have their last names, can I keep full custody? Article 421: As long as the child exercises parental authority, he may not leave the home of those who exercise it without their authorization or their order from the competent authority. If a minor is left without parents or guardians who are legally responsible for his or her upbringing, the Family Court may decide that the child is placed in a temporary foster family. A parent may also lose rights to children after being convicted of certain crimes. For example, if one or both parents commit a violent crime against their child or another family member, a court has the opportunity to deprive them of their rights and terminate the parent-child relationship. When faced with such situations, I first state that voluntary waiver of parental rights is simply not authorized by the court. You can`t end your parental rights sporadically just because you want to avoid paying child support or for any other reason.
A child is entitled to benefits from both parents, so the judge will not allow one parent to simply « opt out » without reason. ● Fear for your safety or that of your children. – or – Article 442.- Persons exercising parental authority must, after emancipation or majority, hand over to their children all property and fruits belonging to them.