Patria potestad is also referred to as "parental authority," a term that is more aligned with the principle of equal rights and duties between spouses, fathers, and mothers. Parental authority is a personal effect of filiation, consisting of the fact that both the mother and the father jointly exercise authority over their son and/or daughter. The father and the mother exercise parental authority over their children with equal rights and duties.

Parental authority is regulated under Article 151 of the Family Code (Código de Familia), which currently states:

"Article 151.- Joint exercise, cases of conflict, administration of the child's assets. The father and the mother exercise, with equal rights and duties, parental authority over children born within the marriage. In the event of a conflict, upon the request of either parent, the Court shall rule in a timely manner, even without the formalities of a lawsuit, and without the need for the parties to be accompanied by a legal professional. The court must resolve the matter taking into account the best interests of the minor (...)"

The procedural pathway to address matters where the parents fail to reach a consensus—that is, in the event of a conflict—is the one outlined in the aforementioned Article 151 of the Family Code: "...upon the request of either parent, the Court shall rule in a timely manner, even without the formalities of a lawsuit, and without the need for the parties to be accompanied by a legal professional. The court must resolve the matter taking into account the best interests of the minor..."

The most common cases of parental authority conflicts relate to situations where one of the spouses wishes for the minor to reside permanently with him or her abroad, while the other, who would continue to reside in Costa Rica, objects.

In this regard, the second paragraph of Article 16 of the Code on Children and Adolescents (Código de la Niñez y la Adolescencia) explicitly mentions that "when a conflict exists between parents holding parental authority regarding the granting of travel permission to leave the country for their minor sons and daughters, or in cases where conflicting interests exist," the Judge is the only one empowered to evaluate the dissent and grant the permission when appropriate.

In principle, minors have the right not to be separated from their parents. However, this is not an absolute right. Article 9, paragraph one, of the Convention on the Rights of the Child contemplates the possibility of migration by one of the parents, establishing that the child's separation from one of their parents may be necessary, explicitly citing as an example "when they are living separately and a decision must be made as to the child's place of residence." Furthermore, paragraph three of the same article provides that a child who is separated from one or both parents has the right "to maintain personal relations and direct contact with both parents on a regular basis."

Likewise, in the subsequent article, the Convention foresees the possibility of parents residing in different States. In this regard, paragraph two stipulates that the child "shall have the right to maintain on a regular basis, save in exceptional circumstances, personal relations and direct contacts with both parents."

Therefore, although minors have the right not to be separated from their parents, this is not an absolute right. In the event of a conflict, the Family Court must assess the best interests of the minor, the circumstances surrounding them previously, and those that the mother or father intend moving forward, in order to determine what is best for the child. This is necessitated by the existence of a dissent between the father and mother on the matter.