Article 211 of the Family Code: Joint parental authority

In plain words, the article sets three rules:

1. Joint authority. Both parents exercise parental authority over the persons of their common children.
2. Disagreement. The article says that in case of disagreement, the father's decision prevails, unless there is a judicial order to the contrary.
3. The child's duty. Children must respect and obey their parents while they are under parental authority.

Article 209 says it includes caring for and rearing the children for civic consciousness and efficiency, and developing their moral, mental and physical character and well-being. Article 220 lists the rights and duties, among them:

• to keep the children in their company, support, educate and instruct them;
• to give them love and affection, advice and counsel;
• to protect and maintain their physical and mental health;
• to represent them in all matters affecting their interests;
• to impose discipline on them as may be required under the circumstances.

Under Article 210, parental authority and responsibility may not be renounced or transferred, except in the cases authorized by law.

• One parent dies or is absent: the parent present continues to exercise it. A remarriage of the surviving parent does not affect it, unless the court appoints another person as guardian (Article 212).
• The parents separate: the court designates the parent who will exercise it, and a child under seven is not separated from the mother without compelling reasons (Article 213).
• The parents are not married to each other: the mother has parental authority over an illegitimate child (Article 176). In Briones v. Miguel (2004), the Supreme Court said the mother has sole parental authority over an illegitimate child.
• Both parents die, are absent or are unsuitable: substitute parental authority goes first to the surviving grandparent (Articles 214 and 216).