Withdrawal of parental rights for breach of family duties and drug dependence

Patria potestas authority as parental responsibility represents a function that must be exercised\r\nin the children’s interest which basically entails duties for both parents, intended\r\nfor giving them assistance of all kinds, as Article 39.2 and 3 of the Spanish Constitution\r\nand Article 154 of the Civil Code establish. For this reason, any judicial measures that are\r\nagreed, including the withdrawal of patria potestas parental authority, will have to adapt\r\nto taking into account the children’s interests first and foremost. This measure of withdrawing\r\npatria potestas parental authority is not intended to sanction the parents’ conduct\r\nin the breach of their duties, but to defend the minors’ interests, in such a way that this\r\nexceptional measure turns out to be necessary and suitable for their protection. Any\r\nconstant, serious and repeated failure to observe the duties inherent to parental authority\r\nin respect of the minor may mean such withdrawal is temporary, total or partial, and\r\ncan take place in situations of drug addiction, alcoholism or other pathologies associated\r\nwith other dependences on psychotropic substances which are sometimes associated\r\nwith committing crime or a psychopathy. This study will focus on the breach of family\r\nduties stemming from such situations or others, which may lead to withdrawal of patria\r\npotestas parental authority.