This site uses cookies. Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. For more information, please see the ProZ.com privacy policy.
Cookie settings
  1. KudoZ™ Top
  2. Spanish to English
  3. Law (general)

siendo la titularidad de la patria potestad compartida

English translation: although parental rights are jointly held / although ownership of parental rights is shared

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:siendo la titularidad de la patria potestad compartida
English translation:although parental rights are jointly held / although ownership of parental rights is shared
Entered by: Charles Davis

01:43 Feb 23, 2015
Spanish to English translations [PRO]
Law/Patents - Law (general) / child custody & support ruling - Spain
Spanish term or phrase: siendo la titularidad de la patria potestad compartida
This is from a Spanish court ruling regarding a child custody/support action. Titularidad can be translated as "ownership" or "entitlement" but this phrase is not making much sense to me right now given that the first portion says the parental authority is being granted solely to the mother. There was a previous order which granted custody to the mother but parental authority was to be shared. It would make more sense to me to translate this as "being entitled to the shared parental authority." If this is correct or if anyone has another suggested translation or improvement, please let me know. Thanks in advance.

---------------------------------------

Estimando parcialmente la demanda formulada por XXXXXXXXXXXXX , representada por el Procurador de los Tribunales, XXXXXXXXXXXXXX contra XXXXXXXXXX declarado en situación procesal de rebeldía, debo acordar y acuerdo la adopción de las siguientes medidas:

1º.- Otorgar a la madre, XXXXXXXXXXXXX, la guarda y custodia de la hija menor de edad, XXXXXXXXXX, así como el exclusivo ejercicio de la patria potestad, **siendo la titularidad de la patria potestad compartida.**
Laura Messer
Canada
although ownership of parental rights is shared
Explanation:
The key to this is the distinction between ejercicio and titularidad. It's saying that the patria potestad (which, as lugoben says, can be translated as parental rights or parental authority) is held by both parents jointly, but that from now on it shall only be exercised by the mother.

More literally you could say "ownership of parental rights being shared", but the implicit sense is contrastive, so I think "although" would clarify it and certainly sound more natural.

I think ownership is OK; you can own rights. Another way to say it might be that parental rights are held jointly, but I think shared ownership, contrasted with sole exercise, makes it clearer.

The following is on Argentina:

"In the case of separation with the parents no longer living together, the ownership of parental rights shall continue to be shared by both parents, but the exercise of parental rights shall be vested in the father or the mother who has the physical custody."
Family Law: Jurisdictional Comparisons, 2
https://books.google.es/books?id=ETCjjMb_sucC&pg=PA2#v=onepa...

--------------------------------------------------
Note added at 1 day19 hrs (2015-02-24 20:51:30 GMT) Post-grading
--------------------------------------------------

Thanks, Laura. No problem! I 've put my original alternative (jointly held) in the glossary entry.
Selected response from:

Charles Davis
Spain
Local time: 04:48
Grading comment
Thanks, everyone. All the answers were very helpful to my eventual translation. I am giving the points to Neil for his point about the distinction between "ejercicio" and "titularidad" which was helpful for the particular issue I was having with this text.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1with parental rights becoming shared
Billh
4 +1although ownership of parental rights is shared
Charles Davis
3allocation/designation of shared parental rights/authority
lugoben


Discussion entries: 1





  

Answers


2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
allocation/designation of shared parental rights/authority


Explanation:
In any proceeding in which parental rights and responsibilities for care of a child are allocated, the court may make the allocation in one of the following ways: sole custody, shared parenting, allocation of parental rights and responsibilities to a relative of a child,......
http://www.lsc.ohio.gov/membership/127parentalrights.pdf

lugoben
Local time: 22:48
Native speaker of: Spanish
PRO pts in category: 12
Login to enter a peer comment (or grade)

5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
with parental rights becoming shared


Explanation:
is what I would say

--------------------------------------------------
Note added at 6 hrs (2015-02-23 07:44:46 GMT)
--------------------------------------------------

or

with parental rights being held jointly


titularidad can but often does not mean ownership but rather person holding something, a position etc.

eg

Endesa Clientes | ¿Cómo puedo cambiar el titular de mi ...
www.endesaclientes.com/.../como-puedo-cambiar-el-ti...
Translate this page
¿Cómo puedo cambiar el titular de mi contrato? Si cambias de vivienda o de local de trabajo, o necesitas hacer un cambio de titular en tu contrato de luz y/o gas ...

Titular de universidad - Wikipedia, la enciclopedia libre
es.wikipedia.org/wiki/Titular_de_universidad
Translate this page
En el sistema universitario español, un titular de universidad es un profesor que tiene plena autonomía docente e investigadora. En la práctica, es un requisito ...

Billh
Local time: 03:48
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1149

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: being shared, not becoming shared, i.e. it all "happens" as soon as the order is made
18 hrs
  -> Thanx
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
although ownership of parental rights is shared


Explanation:
The key to this is the distinction between ejercicio and titularidad. It's saying that the patria potestad (which, as lugoben says, can be translated as parental rights or parental authority) is held by both parents jointly, but that from now on it shall only be exercised by the mother.

More literally you could say "ownership of parental rights being shared", but the implicit sense is contrastive, so I think "although" would clarify it and certainly sound more natural.

I think ownership is OK; you can own rights. Another way to say it might be that parental rights are held jointly, but I think shared ownership, contrasted with sole exercise, makes it clearer.

The following is on Argentina:

"In the case of separation with the parents no longer living together, the ownership of parental rights shall continue to be shared by both parents, but the exercise of parental rights shall be vested in the father or the mother who has the physical custody."
Family Law: Jurisdictional Comparisons, 2
https://books.google.es/books?id=ETCjjMb_sucC&pg=PA2#v=onepa...

--------------------------------------------------
Note added at 1 day19 hrs (2015-02-24 20:51:30 GMT) Post-grading
--------------------------------------------------

Thanks, Laura. No problem! I 've put my original alternative (jointly held) in the glossary entry.

Charles Davis
Spain
Local time: 04:48
Native speaker of: English
PRO pts in category: 1379
Grading comment
Thanks, everyone. All the answers were very helpful to my eventual translation. I am giving the points to Neil for his point about the distinction between "ejercicio" and "titularidad" which was helpful for the particular issue I was having with this text.
Notes to answerer
Asker: Sorry about having your name wrong in the earlier comment. Have a great evening.


Peer comments on this answer (and responses from the answerer)
agree  Sergio Kot: Key word is "although", meaning "despite the fact"
3 hrs
  -> Thanks, mamelushen. Glad you agree.
neutral  AllegroTrans: We would not talk of "ownership" in this context in legal EN
21 hrs
  -> I don't think it's out of the question; we could certainly talk of ownership of some kinds of rights, though perhaps it would be better to speak of parental rights being held rather than owned.
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

Return to KudoZ list

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.

See also:
ProZ.com term search
Search millions of term translations
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search