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Difference between asking for parental authority and sole custody.

Learn about parental authority and sole custody

Family Law
Difference between asking for parental authority and sole custody.

It is common to think that we are talking about the same thing and not be very clear about the difference between asking for parental authority and sole custody.

In the first place, parental authority is the set of rights and obligations that a parent has towards their minor or non-emancipated children. It is a legal package inherent to the quality of father or mother that comes with the birth of the child.

On the other hand, guardianship and custody is a legal situation that is identified with caring for and living with the child we have, referring specifically to the situation of cohabitation.

Often when the time comes to end a relationship, be it marital or simply a common-law relationship, the most thorny issues come up to be determined, or what is the same, who gets to keep the children.

Each couple is a world, so it is possible that one of the parents goes to another country or simply does not want to know anything about the child.

In the latter case, two situations may occur: deprivation of parental authority or exclusive exercise of parental authority. It is very important to know the difference between asking for parental authority and sole custody.


Judges are very reluctant to grant this limitation on the rights of parents, and for it to take place they require a series of very special conditions. These are cases in which the parent has attempted against the integrity or life of the minor or the other parent, or there has been sexual abuse.

Since this type of situation is not frequent, it cannot be considered a legal way to obtain exclusive parental authority.


This type of case implies that one of the parents does not want to be part of the child's life and completely disregards the child's development and interests. For practical purposes, it is a problem for the father or mother who is in charge of the minor to carry out daily acts such as traveling outside the country, changing schools or deciding on surgery. The law has established this mechanism as an alternative to this problem, so that it is "as if you had" exclusive parental authority, although it really is only about the exclusive exercise of it.

Each case is very different, so the circumstances of your case must be examined, to advise you if it is applicable to you. If you need to know, you can ask us for an online consultation, at Audacia Lawyers we not only work in Torrevieja, but throughout the Spanish territory.

Family Law

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