--- titulo: "Parental Authority, Custody and Visitation Rights in Panama" titulo_seo: "Child Custody in Panama 2026: Parental Authority" meta: "Parental authority, custody and visitation are three separate things in Panama's Family Code, Law 3 of 1994. What each one gives you when parents separate." autor: "Diego Ospina Serna" fecha: 2026-07-13 actualizado: 2026-07-13 materia: "Family Law" idioma: "en" par: "patria-potestad-guarda-y-visitas-en-panama" resumen: "When a couple with children separates in Panama, three distinct legal concepts govern what happens next: parental authority (patria potestad), custody (guarda y crianza), and visitation rights (régimen de visitas). This guide explains each one under the Family Code (Law 3 of 1994), when parental authority can be suspended or lost, and the best-interest-of-the-child standard that governs every decision." tags: ["Family Law", "Custody", "Parental Authority", "Visitation Rights"] orden: 20260713 faq: - q: "What is the difference between parental authority and custody in Panama?" a: "Parental authority (patria potestad) is the full set of rights and duties both parents hold over a minor child — upbringing, legal representation, managing the child's property. Custody (guarda y crianza) is narrower: it determines which parent the child lives with day to day. A parent without custody does not lose parental authority." - q: "Does the parent without custody still have rights over the child?" a: "Yes. That parent retains full parental authority and, separately, a right — and duty — to maintain contact through a visitation schedule. Visitation is considered primarily a right of the child, not just of the parent." - q: "When can parental authority be suspended or lost in Panama?" a: "When a parent seriously fails their duties or puts the child at risk — for example, in cases of abuse, abandonment, or serious repeated non-compliance. The decision is made by a judge, always guided by the best interest of the child." --- When a couple with children separates, three questions dominate everything else: **who do the children live with? who decides matters affecting their life? how does the other parent maintain the relationship?** Panama's Family Code (Law 3 of 1994) answers these through three distinct legal concepts, and confusing them is where many parents — and some poorly drafted agreements — go wrong. > **Note:** general information; every case is evaluated individually under the best-interest-of-the-child standard. Confirm your specific situation with an attorney. ## Parental authority: the rights and duties over a child **Parental authority** (*patria potestad*, sometimes translated as parental responsibility) is the full set of **rights and duties** the law recognizes for parents over their minor, non-emancipated children. It includes, among other things: **upbringing and education**, **legal representation** of the child, and **management of the child's property**. As a general rule, **both parents** exercise it jointly, whether they are together or separated. ## Custody: who the child actually lives with **Custody** (*guarda y crianza*) is more concrete: it defines **which parent the child habitually lives with** and who handles day-to-day care. A parent holding custody **does not mean** the other parent loses parental authority — both remain parents with full rights and duties; only residence changes. Custody can be agreed between the parents or set by a judge based on what best serves the child. ## Visitation: the right to the relationship The parent who does not have custody retains the **right — and the duty — to maintain contact** with their children, through a **visitation schedule** (also called communication and contact rights). Importantly, this is, above all, a **right of the child** — not to lose either parent. The schedule can be agreed or set by a judge, establishing days, times, holidays, and the form of contact. It can be modified if circumstances change. ## When parental authority can be suspended or lost Parental authority is not absolute: it exists to protect the child, and it can be **suspended** or **terminated** when a parent seriously fails their duties or puts the child at risk — for example, in cases of **abuse, abandonment, or serious and repeated non-compliance**. The decision belongs to a judge and is always guided by the best interest of the child. ## The principle governing everything: the best interest of the child In all of these decisions, the controlling standard is not what the parents want, but **the child's wellbeing**. Agreements between parents are valid and recommended, but a judge can adjust them if they do not adequately protect the child. A well-drafted agreement, done right the first time, avoids years of conflict. > Related: [child support in Panama](/guias/pension-alimenticia-en-panama-guia-2026/) · [divorce in Panama](/guias/divorce-in-panama/). *Legal basis: Family Code (Law 3 of 1994). Informational content, not legal advice.* --- **Relacionado:** [[adoption-in-panama|Adoption in Panama: requirements, real timelines and why it takes what it takes]]