What are the differences between guardianship and parental authority?
In family proceedings, there are terms that tend to confuse clients. While it is true that there are some procedural terms that lawyers use, and that clients do not need to know, certain Family Law institutions, which belong to substantive law, must be known to clients. The differences between custody and care of minors and parental authority of minors, is something that customers should know, and that is why today we are going to discuss them on the blog.
The parental authority of a minor is the rights and duties that a father has with respect to his children. As parents, you have rights and duties over and with the minor. The fundamental rights and duties consist of being with the children, taking care of them, providing them with food, guaranteeing their education, making decisions both in the legal and everyday fields, representing minors, disposing of their property, making decisions regarding their education, training, health, and other issues that minors cannot carry out on their own. Parental authority will always be shared by both parents of the minor, since both must exercise these rights and duties with their children in equal parts.
It is very rare for the court to strip one of the parents of parental authority over the minor, and the reason behind this is because it is in the best interest of the child that both parents maintain parental authority. In order to strip a father of parental authority over his/her minor children, it will be necessary to prove in court that the minors are in danger if the father or mother continues to exercise their rights and duties towards the child. For this reason, when clients come to my office asking me to "take away parental authority" from one of the parents, I must always ask them certain questions, to find out if what they really want is to strip them of parental authority or maintain the custody and care of the children.
The custody and care of a minor is another legal institution. The custody and care of the minor refers to the daily care of minors. Custody and care refer to whoever spends the most time with the minor, and takes care of the minor's daily chores, where does the child will and where the child spends the most time. Unlike parental authority, guardianship and care could be shared, that is, parents share time with the minor equally. Or it could be a majority in favor of one parent over the other.
The courts will always favor that custody and care be shared, that is, that minors spend the same amount of time with both parents, unless the parents agree otherwise, or there are circumstances that prevent a parent from properly care for the child. The custody and care will be determined through the parenting plan. For more information about the parenting plan, visit our blog and our YouTube channel.
If you need help with your family case, or if you need help determining custody and care of minors, call us today. The first consultation is free. We will evaluate your case for free and provide you with the best strategy for your family case. In Y. Morejon Attorney, P.A. your problem is our problem.
Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.