Parental authority is the mass of rights and duties parents have over the person and property of their unemancipated children. The father and mother jointly exercise it over a legitimate child, while the mother alone exercises it over an illegitimate child. It cannot be renounced or transferred except as the law allows, and parents can be held civilly liable for the acts of a minor child living in their company.
Parents often speak of parental authority as a right — the right to decide, to discipline, to be obeyed. The Family Code frames it very differently. Parental authority is a mass of rights and obligations that exists for the child’s benefit, not the parent’s, and it comes with liability attached.
What Parental Authority Covers
Parental authority extends over both the person and the property of unemancipated children. On the person, it includes the duty to support, educate, and instruct the child, to give love and affection, to provide moral and spiritual guidance, to keep the child in their company, and to impose discipline as may be required — a right that has limits, since excessive or cruel punishment can constitute child abuse. On the property, parents are the legal guardians of the child’s property, though dealings with significant property are subject to the safeguards the law imposes.
Crucially, parental authority cannot be renounced or transferred except in the cases the law authorises — adoption, guardianship, or a court order. A private agreement, or an affidavit “giving” a child to relatives, does not transfer parental authority.
Who Exercises It
- Over a legitimate child, the father and the mother jointly. Where they disagree, the father’s decision generally prevails unless there is a judicial order to the contrary, so a mother who disagrees is not without remedy — she may go to court.
- Over an illegitimate child, the mother alone, and she is entitled to custody. This holds even where the father has acknowledged the child and even where the child bears his surname — acknowledgment gives rise to support and succession rights, not to parental authority.
- In case of separation of the parents, the court designates the parent who exercises it, guided by the best interest of the child and by the rule that a child under seven is generally kept with the mother absent compelling reasons.
Substitute and Special Parental Authority
The Code distinguishes two important extensions:
- Substitute parental authority applies when the parents are dead, absent, or unsuitable. It passes in order to the surviving grandparent, then the oldest sibling over 21 who is qualified, then the child’s actual custodian — subject always to the court’s determination of the child’s best interest.
- Special parental authority is exercised by the school, its administrators and teachers, or the individual, entity, or institution engaged in child care, over the minor while under their supervision, instruction, or custody. This is why schools have both authority and exposure during school hours and activities.
Liability: Who Answers for the Child
This is the part parents rarely anticipate. Parents are civilly liable for the damages caused by the acts or omissions of their unemancipated children living in their company. The liability is principal, not merely subsidiary, and it is grounded on the presumption that harm by a minor reflects a failure of parental supervision. Those exercising substitute parental authority bear a similar responsibility.
For special parental authority, schools and teachers are principally and solidarily liable for damages caused by acts of the minor while under their supervision, with the parents subsidiarily liable — and liability may be avoided where the exercise of proper diligence is proven. Parents should understand that a teenager’s vehicular accident, brawl, or online defamation is not only the teenager’s problem.
Suspension and Termination
Parental authority terminates permanently on the death of the parent or the child, the child’s emancipation on reaching the age of majority, or through adoption or judicial deprivation. It may be suspended or terminated for cause — where a parent treats the child with excessive harshness or cruelty, gives corrupting orders or examples, compels the child to beg, or subjects the child to acts of lasciviousness, among others. A conviction for certain crimes carries deprivation of parental authority as an effect. Importantly, the law also allows parental authority to be reinstated where the cause has ceased and the court finds it in the child’s best interest.
Practical Points
Three that matter in practice. First, emancipation is automatic at 18 — parental authority ends, though the duty of support may continue while a child is still studying or unable to support themselves. Second, an unmarried father who wants custody or a formal role must go to court; the law is not on his side by default, however involved he is. Third, if a child is being raised by relatives, understand which framework actually applies — substitute parental authority, court guardianship, or adoption — because they produce different rights, and a family that never sorts this out will find it out at a hospital, a school, or a bank at the worst moment.
Frequently Asked Questions
Who has parental authority over an illegitimate child? The mother alone exercises parental authority over an illegitimate child and is entitled to custody. This is so even if the father has acknowledged the child and the child uses his surname, since acknowledgment gives rise to support and succession rights rather than parental authority.
Can parents be held liable for what their minor child does? Yes. Parents are civilly liable for damages caused by the acts or omissions of their unemancipated children living in their company. The liability is principal, resting on the presumption that harm caused by a minor reflects a failure of parental supervision.
Can parental authority be given away to relatives? No. Parental authority cannot be renounced or transferred except in the cases the law authorises, such as adoption, guardianship, or a court order. A private agreement or affidavit handing a child to relatives does not transfer parental authority.
When does parental authority end? It terminates on the death of the parent or child, on the child's emancipation upon reaching the age of majority, or through adoption or judicial deprivation. It may also be suspended or terminated for cause, such as excessive harshness or corrupting a child, and may be reinstated when the cause ceases.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have a question about custody, parental authority, or liability for a child's acts, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.