632

After the marriage has been dissolved for whatever cause, the father or mother who voluntarily abandons the children for a period of more than six months shall lose the patria potestas: The court may mediate before the expiration of said term when special circumstances concur that so warrant. In order to decree the loss of patria potestas, there shall be brought a declaratory action before the part of the Court of First Instance of the place where the minor or minors reside, upon prior complaint made by the ex-spouse, the prosecutor or any of the persons called upon to exercise the legal tutorship, and provided the Court, after hearing the proper evidence, deems it convenient for the benefit of the minor or minors; Provided, That the father or mother, if any, already deprived of the patria potestas, may also request that the corresponding tutor be appointed. History —Civil Code, 1930, § 164; May 15, 1931, No. 95, p. 576; Mar. 30, 1939, No. 14, p. 322; June 2, 1976, No. 99, p. 295.