The absence of contact of the parent with the minor as a cause of total deprivation of parental authority

Abstract

The deprivation of parental authority requires that the parents fail to comply with their duties in a serious and repeated manner, as well as that it be beneficial for the child.

The most frequent cause of deprivation of parental authority is the absence of contact between the parent and the minor when the parent has not been interested in their situation or their needs. The recognition of a minor does not automatically exempt the parent from the possible deprivation of parental authority if he or she seriously fails to fulfill his or her parental duties.

The parent’s breaches must be serious, repeated and prolonged over time, causing a total abandonment of her functions, both emotionally and economically, and without justified cause, affecting the parent-child relationship in a serious and justifiable manner.

Parental authority is a function with a broad content, not a mere title or quality, hence the incompatibility between maintaining power and, at the same time, not exercising for the benefit of the child any of the duties inherent to parental authority. Its deprivation, whether temporary, partial or total, inevitably requires non-observance of those duties in a constant, serious and dangerous manner for the beneficiary and recipient of parental authority, the child.