Competencia del juez de niñez y adolescencia en la medida cautelar de suspensión de patria potestad.

Abstract

Patria potestas is a legal concept within family law that encompasses a set of duties and rights held by parents in relation to their child. It arises from the parent-child relationship involving parents of an unemancipated minor, who is entitled to mandatory protection of their rights and guarantees. Consequently, the court jurisdiction responsible for safeguarding the minor’s welfare is the childhood and adolescent court. This judge, utilizing their specialized expertise, has the authority to address issues that place the minor in situations of serious risk, aiming to prevent them from becoming or remaining a victim. The judge may order specific actions or suspend others until it is confirmed that the child’s family environment is suitable for their development and upbringing, provided that no constitutional principles protecting the minor are violated.