Padres Representantes Legales De Los Hijos

In modern Italian doctrine, the representation of parents was configured as a “legal power”: the possibility of producing legal effects directly on the person represented(1). In German literature, the power of representation has been examined as a `competence`: the phenomenon is characterised not only by the power of the representative to produce legal effects for the representative, but also by the legality of the representative`s activity(2). First of all, it must be taken into account that each parent can exercise parental authority over minors, whether or not it is shared depends on the family judge. To this end, various aspects are examined. Thus, in the event of a dispute, the judge can intervene under the guidelines for child custody in the United States. While the general rule is that legal representation of minors is granted to parents with parental authority, there are also©some exceptions. Parents who exercise parental authority over their minor children who are not responsible do not have legal representation in certain special situations. In the event of separation or divorce of the parents, parental authority and legal representation remain shared, unless otherwise decided by the court. In practice, however, the parent with whom the children live usually has custody and exercises effective parental authority and legal representation. Parental authority is the set of powers conferred by law on parents over their unemancipated minor children.

These powers have a double content: personal and patrimonial. Minors need the help of others in legal life. It is natural that their representation is mainly entrusted to their parents. For them, the representation of children, like the other functions of parental authority, is a right and a duty. Unlike the previous one, in this case, all paternity rights are shared. In the same way, this modality applies to legal and physical custody. Therefore, in the common case, agreements must be reached on aspects of the upbringing of children. So far, it has become clear that there are a variety of custody arrangements. The judge`s job is to determine which one is best for your case. The well-being of children is at the forefront. In this context, the court will evaluate various aspects before rendering its decision. These include: In the event that there are several possible representatives, civil law itself sets a priority.

That is, both parents have the same power to make decisions about the child`s well-being. Therefore, they must reach an agreement in all cases, because there are serious consequences for those who oppose this custody of children in the United States. For example, if a parent decides to break the agreement, there would be no reason to go to the authorities. With this in mind, it is preferable to submit the case to a judge and sign the decision that will be made. Only in this way can the rights and interests of all be protected. To ensure you spend time with both parents, you will be issued a visitation order. These can be very different and depend on certain considerations. For example, the well-being of the child, the situation of the parents, among others. Here are some examples: in more recent Spanish doctrine, representation in the context of cooperation has been based on the legal fact of others, stating that representation means participating in the realization of the interests of the Dominus, especially when there are relations with third parties; The notion of “legitimation” (or the legal recognition of the representative to act on behalf and on behalf of the person represented) is then considered and combined with the notion of “competence” of German doctrine (3). In distinguishing voluntary representation from legal representation, it is emphasized that voluntary representation is a concession of legitimacy to the representative, while legal representation is, strictly speaking, the power to shape the legal sphere of others(4).

However, some members of civil society note that “in reality, there is no reason to deny the legitimacy of those who cooperate ex lege in the defence of the interests of the minor” and that “parents have the authority or competence inherent in parental authority, which is also recognized by law, otherwise they would not be able to effectively fulfil their duty of representation: it would be incomprehensible if their actions were valid in the best interests of the child”; According to this author, “paternal representation, as an inseparable element of parental authority, presupposes the power to effectively determine the functions inherent in the Institute”(5). As we can see, parental authority is the overall power that the law grants to parents over their children and property. In some cases, however, the law may deprive one (or both) of parental authority. Next, we will see some elements to know all aspects of the legal representation of children. Joint custody and parental authority are not the same, separated parents must assume a rather complex role Parents who have parental custody do not have legal representation of their children in acts where there is a conflict of interest between parents and children. Nor will they have it in shares on assets, which are© excluded from parental management. One of the main duties of parents, as holders of parental authority over their children, is to care for them, to integrate them into their ±society, to feed them, to educate them and to seek a complete education for them. Parents must also©represent them and manage their property. In the case of testamentary representation, i.e. if a tutor is appointed by will in the event of the death of the parents, this representation is also recognized by the presentation of the child`s birth certificate, the parents` death certificate and the issuance of the representative`s official identity document.

If the minor`s parents have a conflict of interest with him©, a defence lawyer is appointed to represent them in and out of the proceedings©. This measure also©applies to emancipated minor children if the legal intervention of the parents is necessary to complete the minor`s legal capacity. However, with the exception of previous cases, there are fewer and fewer full custody contracts.