Parental authority (patria potestas) is the sum of rights and duties parents have over the persons and property of their unemancipated children. Parents are obliged to support their children, keep them in their company, provide for their education and moral, intellectual, and civic development, give them love and affection, advice and counsel, and represent them in matters affecting their interests. Parents also administer their children's property. Children, in turn, owe their parents respect and obedience while under parental authority, and must observe respect and reverence toward their parents always; children also have the duty to support their parents and ascendants in case of need. Parental authority cannot be renounced or transferred except in cases authorized by law (such as adoption or guardianship), and it may be suspended or terminated for cause. Discipline is allowed, but it cannot extend to cruelty or abuse, which are punishable.
The parent-child relationship is not a one-way street. Parental authority carries rights and duties on both sides.
What Parental Authority Is
Parental authority (patria potestas) is the sum of the rights and duties parents have over the persons and property of their unemancipated children. It is a trust for the child's benefit, not a power over property.
Duties of Parents
Parents are obliged to:
- Support their children and keep them in their company;
- Provide for their education and moral, intellectual, and civic development;
- Give them love, affection, advice, and counsel;
- Represent them in matters affecting their interests; and
- Administer their property for their benefit.
Duties of Children
- To obey their parents while under parental authority, so long as it is not contrary to law or morals;
- To observe respect and reverence toward their parents always; and
- To support their parents and ascendants in case of need.
Limits and Protections
Parental authority cannot be renounced or transferred except in cases authorized by law (such as adoption or guardianship). It may be suspended or terminated for cause. And while reasonable discipline is allowed, it cannot extend to cruelty or abuse, which are punishable under child-protection laws.
Practical Takeaways
- Parents owe children support, care, education, and representation, and administer their property;
- Children owe parents obedience while minors, lifelong respect, and support in need;
- Parental authority is a trust — it cannot be waived at will, and abuse is punishable.
Frequently Asked Questions
What is parental authority? The sum of the rights and duties parents have over the persons and property of their unemancipated children. It is a trust exercised for the child's benefit, not a power over property.
What are the duties of parents to their children? To support them, keep them in their company, provide for their education and moral, intellectual, and civic development, give love and counsel, represent them in their interests, and administer their property.
Do children have duties to their parents? Yes. Children must obey their parents while under parental authority, observe respect and reverence toward them always, and support their parents and ascendants in case of need.
Can parents discipline their children however they want? No. Reasonable discipline is allowed, but it cannot extend to cruelty or abuse, which are punishable under child-protection laws. Parental authority is a trust that can be suspended or terminated for cause.
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.
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