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In families that work well, no one disputes the fact that this authority is shared equally by the two parents. Still, the civil code says in article 156 that the authority is exercised jointly by the parents, or by one only with the express or tacit consent of the other.

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But things change dramatically when there is no consensus between the parents. In this case either of them can go to court to settle the dispute. The judge will listen to both the mother and the father, and to the child or children, if they are deemed as responsible enough to express their wishes. If the child is over age 12, the judge will grant paternal authority to whichever parent the child chooses, and this cannot be appealed.

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If disagreements between the parents are persistent, the judge may assign the authority over the child or children to one parent totally or partially, or divvy up between the parents the different responsibilities that 'patria potestad' entails. For example, the child might live with the mother but the father has say over his or her education. In any case the law sets down a time limit that can never exceed two years.

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The law also allows for extensions of this authority if the children suffer from some kind of incapacity after they are no longer considered minors.

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The legal code says that if parents are separated, paternal authority goes to the parent who lives with the child. But the judge can allow the parent who feels his or her rights have been ignored to exercise, along with the other parent, all the rights and obligations of said authority.

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The authority can end for four reasons: death or declaration of death of the parents or the child, emancipation of the child, adoption of the child or a court order. In this final case the father or mother can be stripped totally or partially of the 'patria potestad.' In the same way, courts can grant it when the reason for which it was denied in the first is no longer applicable.

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Children considered adults (over age 18) can sue parents for damages to demand compliance with conditions of paternal authority, although this right ends when they turn 21.