BOLIVARIAN REPUBLIC OF VENEZUELA

Bicentennial University of Aragua

ACADEMIC VICE-RECTORATE
DEANERY OF RESEARCH, EXTENSION, AND POSTGRADUATE
CHARALLAVE NUCLEUS
CAREER: LAW 9th TRIMESTER
CHAIR: LEGAL REGIME OF CHILDREN AND ADOLESCENTS

FAMILY INSTITUTIONS
PARENTING RESPONSIBILITY

PROFESSOR:
JOSÉ GREGORIO LEÓN
STUDENT:
CAROLINA APURE
C.I. V.- 11,990,790

CHARALLAVE, JUNE 2020

 INTRODUCTION

Next we will be addressing the topic of Family Institutions,

among the most considered are, The Family, The Homeland
Authority, The Responsibility of Parenting, Obligation of Support and the
Family Coexistence.

Family institutions are those that make up the family,

strict sense (marital and parental relationships). These institutions
they involve relationships of mutual assistance, protection, and defense, relationships of

subordination and, in a word, of solidarity.

Its objective is to engage participants with institutional figures.

relatives, in order to responsibly develop the procedure
respective before the Courts for the Protection of Children and Adolescents.
Family Institutions

The family: It is an institution to which a set of attributes is assigned.

powers and rights to the ancestors, so that they can fulfill the
obligations they have towards their descendants.

In the Constitution of the Bolivarian Republic of Venezuela, in the

Article 75 establishes that the State will protect the family as an association.
natural of society and as a fundamental space for development
fundamental of people.
In the second paragraph of the article ejusdem, it establishes that the boy, girl and

Adolescents have the right to grow up and develop in the bosom of their
origin family and, when this is impossible, the children,
adolescents have the right to a foster family in accordance with the
law.
An important aspect in the mentioned article is that adoption has
similar effects as affiliation in favor of the adopted
compliance with the law.

In International Instruments such as the American Declaration of

the Rights and Duties of Man establishes as the right of every
To form a family, a natural element of society, and to receive
protection for her
The Universal Declaration of Human Rights considers the
family "The natural and fundamental element of society and establishes its
right to the protection of Society and the State.
The International Convention on the Rights of the Child establishes in
its preamble that 'Convinced that the family, as a fundamental group
from society and the natural environment for the growth and well-being of all and in
particularly for children, they must receive protection and assistance
necessary to fully assume your responsibilities within the
community

Organic Law for the Protection of Children and Adolescents

(LOPNNA)

In the Organic Law for the Protection of Children

Adolescents, in Article 5 defines the Family as the natural association
of the fundamental society for the comprehensive development of children
adolescents. Family relationships should be based on equality.
of rights and duties, solidarity, common effort, understanding
mutual and reciprocal respect among its members
Similarly, Article 26 establishes that children,
adolescents have the right to live, be raised, and to
develop within the bosom of their family of origin and, in cases where it is
impossible or contrary to the best interest, will have the right to live, to be raised
or raised and developed in a foster family in accordance with the law.
In the family nucleus there must be an atmosphere of affection and security,
solidarity, common effort, mutual understanding, and reciprocal respect that
allow the comprehensive development of children and adolescents.
Children and adolescents can only be separated from their family if
origin when strictly must preserve the best interest.
In cases of separation, it will only be applicable through the application
of a protective measure applied by the competent authority.
The separation of children and adolescents will not be appropriate.
his family of origin due to poverty or other means of exclusion
social
Family of Origin

According to Article 345 of the LOPNNA, it is understood as

family of origin
The one that is made up of the father, mother, or one of them and their
descendants, ancestors, and collateral relatives.

Affiliation Unit

Article 346 of the LOPNNA establishes that, regardless of

whatever their affiliation, sons and daughters have the same rights and the
the same obligations in relation to their father and mother.

Parental Authority

Parental authority constitutes a parent-child relationship, which consists of

the protection of unemancipated minors, which aims to
the care, development, and comprehensive education of children.
In Article 76 of the Constitution of the Bolivarian Republic of
Venezuela establishes that parents have a shared duty and
irrenunciable to raise, form, educate, support, and assist their children
these or those have the duty to assist them or assist them when that one
they cannot do it by themselves

The LOPNNA defines in its Article 347 that 'Patria' is understood as

Authority as the set of duties and rights of parents in relation
to their children who have not reached adulthood, which aims to
care, development, and holistic education of children.
The Characteristics of Parental Authority are:

It is mandatory.
It is personal and non-transferable, the parents are the ones who must exercise it.

if these are not private to exercise it

He is unavailable, the rights and obligations arising from the Homeland
The powers are neither lost nor extinguished by the mere will of the father.
oh mother
It is irrevocable, parental authority is of a public order nature.
It constitutes a free labor, since it is a natural duty of the
parents.

The content of Parental Authority

Personal Content of Parental Authority includes the

parenting responsibility, that is, education, training,
correction and assistance
Heritage Content of Parental Authority includes the
Management of the property of sons and daughters and usufruct.

The Ownership of Parental Authority

It can be exercised together with the other parent or alone.

requires to have the ownership of parental authority and not have been deprived of it
the Parental Authority by judicial declaration without having been restored to it.
 Within the marriage established in Article 349 of the LOPNNA father and
mother jointly Principles: The custody, the representation and the
management of the assets of the children subjected to it.

Ownership: In case of disagreement, they can go to the trial court of

protection.

Outside of the marriage established in Article 350 LOPNNA, when the

father and mother jointly exercise parental authority, the
disagreements regarding children will be resolved according to the
established in Article 349

In all other cases, the ownership of parental authority corresponds

only to that parent with respect to whom the first has been established
affiliation.

The Deprivation of Parental Authority

The measure in question involves the deprivation of parental rights.

power by the judicial decision decreed by the competent authority.
The grounds for the deprivation of parental authority are established in the
Article 352, and they do not proceed automatically, but rather the
the judge can and must take into account the severity, repetition, arbitrariness and
habituality of the facts to decree the measure, and they must
to be based on reliable evidence.

Extinction of Parental Authority

It is the total, definitive, and normal disappearance of parental authority. Its

the causes are:
 Death of father, mother or both
Majority of the son or daughter.
Emancipation of the child
Recidivism in any of the grounds for deprivation of parental rights
authority
Legal consent for the adoption of the child.

Responsibility of Parenting

The Responsibility of Parenting is the legal burden that determines giving

compliance with the satisfaction of the subjective needs of the child
of the teenager, favoring him, so that he, by himself, learns to exercise the
freedom; encouraging their initiative, promoting their sociability, and imposing
also to whom grants it to protect them in their natural defenselessness and

represent it to third parties all to achieve the harmonious development of its

personality, to watch over him, to educate him and to correct him, since from material security,

intellectual and moral in which it is granted during its early years of its
life, derives in part its stability emotional health, the positive
development during adolescence and youth to reach adulthood
in fullness, having achieved the development of all its potential.
That is to say, the responsibility of upbringing is the exercise that they have.
parents to promote principles and values in their children, achieving development
physical and psychological integral that allows for a healthy and harmonious coexistence.

The content of Parenting Responsibility includes:

My.
Create.
To form.
Educate.
 To guard.
To watch.
Maintain.
To assist (morally, emotionally, and materially).
Apply corrective measures that are not humiliating or violent.

This responsibility of parenting is established in Article 358.

of the Organic Law for the Protection of Children and Adolescents.

"The Responsibility of Parenting encompasses the duty and right"

shared, equal and inalienable of the father and mother to love,
create, form, educate, safeguard, watch over, maintain, and assist material,
morally and emotionally to their sons and daughters, as well as the ability to

apply appropriate measures that do not undermine their dignity, rights,

guarantees or comprehensive development. Consequently, any prohibition is imposed.

type of physical corrections, psychological violence or treatment

humiliating at the expense of children and adolescents.

Exercise of Parenting Responsibility

In Article 359 of the Organic Law for the Protection of Children and Adolescents
Adolescent, the exercise of responsibility is typified
upbringing, which establishes:
The father and mother who exercise parental authority have the duty
shared, equal and inalienable to exercise the Responsibility of
Raising their children, they are civilly and administratively responsible.
penally for its inadequate fulfillment. In case of divorce,
separation of bodies, annulment of marriage or residency
separated, all the contents of Parenting Responsibility
will continue to be exercised jointly by the father and the mother.
 For this custody exercise, direct contact with the
children and daughters, and therefore must live with the one who exercises it. The father and the

The mother and father will jointly decide on the place of residence or
room of the sons or daughters. When there are separate residences, the
exercise of the other contents of Parenting Responsibility will continue
being exercised by the father and the mother. Exceptionally, it may be
agree on joint custody when it is in the best interest of the child
Oh daughter.

In case of disagreement on a decision of Liability

Upbringing, including those that refer to custody or place of residence or
residence, the father and mother will seek to reach an agreement through the
conciliation, having first heard the opinion of the son or daughter. If this is the case

impossible, either of them or the teenage son or daughter could appear before the
Court for the Protection of Children and Adolescents, in accordance with
the provisions set out in the First Paragraph of Article 177 of this Law.
Impropriety of the granting of Custody and deprivation of the
Responsibility of Parenting

To the father or mother to whom it has been imposed by judicial means

fulfillment of the obligation of maintenance, for having refused
unjustifiably fulfill it, despite having financial resources, it does not
he will grant custody and may be judicially deprived of the exercise of the
Child-rearing Responsibility. Judicial rehabilitation proceeds when the
respective father or mother has faithfully fulfilled their duties for a year
inherent to the Obligation of Maintenance.
Review and Management of the Property of the Son or Daughter in the
Child-Rearing Responsibility

Article 364 of the Organic Law for the Protection of Children

Adolescent, establishes:

The representation and management of the property of the son or daughter is

They will govern substantively according to the provisions of this Law and subsidiarily

as provided in the Civil Code, processing the

corresponding procedures in accordance with the provisions of
this Law.

Alimony Obligation:

It encompasses everything related to sustenance, clothing, housing, education,

culture, assistance and medical care, recreation and sports, required by
the Child and Adolescent. And it is an effect of legal or judicial affiliation
established that belongs to the father and the mother regarding their children
(Articles 365 and 366 of the LOPNNA).

Establishment of the Obligation of Support in Special Cases.

Article 367 LOPNA. This applies when:

The parentage is indirectly established through a judgment.

firm dictated by a judicial authority;
The affiliation results from an explicit and written declaration of the respective
father or of a confession of this, which is recorded in a document

authentic
 In the opinion of the judge who addresses the respective request for alimony,
the filial bond results from a set of circumstances and elements of
tests that, when conjugated, constitute sufficient, precise and indicative evidence

concordant.

Family Coexistence:

The father or mother who does not exercise parental authority, or who exercises it
does not have custody of the child, has the right to visit him, and the child and adolescent

has the right to be visited. It includes: Access to the residence, via

telecommunications, communications, among others. (Article 385 LOPNA).

Establishment of the Regime (Art. 387 LOPNA).

The visitation regime must be agreed upon mutually between the

parents, listening to the son. If such an agreement is not reached or if it is
repeatedly non-complied affecting the interests of the child or adolescent,
the judge, in consideration of such interests, acting summarily, prior to the
technical reports that you deem appropriate and having heard the opinion of those who

exercises the custody of the child or adolescent, will determine the visitation regime that

consider more appropriate. Said regime may be reviewed, at the request of

part, every time the well-being and safety of the child or adolescent
justify, for which the procedure provided here will be followed.
 CONCLUSION

In reference to the above, we can see how from these

institutions, there is the possibility of accessing in a more effective way
simple to the legal regime that regulates them, according to the laws in what
respect family law. You are always being regulated and
protected by the LOPNNA.

The family is the foundation of civil society, and it must fulfill the
basic needs of its members, including good
nutrition, access to education, which is a right of everyone
person and thus we can have a society of good men and women
principles and values.
 REFERENCES

Organic Law for the Protection of Children

Adolescents. LOPNNA. Extraordinary Official Gazette No. 40.421.
Wednesday, May 28, 2014.

Constitution of the Bolivarian Republic of Venezuela. Gazette

Official No. 5,908. Published on 19/02/2009. Foundation
Forensic Gazette. Edition and Publications. Caracas, Venezuela.
2014.