In case of absence, death or remarriage of either parent, who shall exercise parental authority?
The law, as a rule, provides for joint parental authority of parents over their children. If one is absent or is already dead, the surviving spouse shall exercise parental authority. If the surviving spouse remarries, he or she retains parental authority over the children, unless the court appoints another person to act as guardian over the persons and property of the children. (see Art. 212, Family Code)