THE JUSTICE GRANTS CUSTODY OF A CHILD TO THEIR GRANDPARENTS AND ORDERS THE PARENTS TO PASS A ALLOWAN

18/06/2021

A judge in Seville has given the custody of a minor to his grandparents because his parents did not offer a stable and safe environment for his care. The ruling orders the parents to pay a pension to guarantee the maintenance of the child.


According to the ruling, the education and care of the child was orchestrated, de facto, by the elders, who decided which school the child should attend, their day-to-day schedules and took them to the doctor. The father had no contact with the minor, and on the mother's side, his current partner was awaiting a trial for beating him.


In the ruling, the judge recognizes that the maximum interest of the minor does not extinguish the figure of parental authority; However, he can limit the rights of the parents, for the benefit of the children, if the circumstances require it.


Thus, after analyzing the case, the judge values ​​that grandparents provide a safe environment with "the discipline, order and control that [the minor] needs." Therefore, it is lawful to limit the rights of parents to ensure the well-being of the minor. In this sense, the ruling states that “the regulation of duties and powers that make up parental authority is designed and aimed at the benefit of the children and, at this time, those who hold it are not in a position to make one of the measures effective. that make it up, such as custody and custody ”.


The judge also agrees that the parents pay a maintenance allowance of 150 euros per month for the maintenance of the child. The parents will be able to see their child, according to a regime of stays that they will have to agree with the grandparents.