Introduction: Understanding Parental Rights and Liability
Parental rights and liability surround two separate realms of law. On one hand, parental rights are the legal obligations that you have to protect your child. This includes day-to-day decisions that affect their overall wellbeing and the responsibility to make decisions when it comes to their medical state. On the other hand, parental liability is the obligation that a parent may have to pay for the civil or criminal damages that their child causes. Each is an important concept to grasp to any and every parent, whether you have been a parent for years or are planning to become one in the near future.
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who are Parents
As we further describe parental rights and liability, it is important to know what are parents’ rights are as per the legal system. There is no one way to describe a parent. Some of the most common connections between a parent and a child include the biological connection, their position in the child’s life, and their intention in creating the child. A parent could describe one or many of these connections when it comes to establishing that they are the parent of a specific child. Because of this, the government is adjusting frequently in order to cater to families and parents of all types.
Troxel v. Granville is a landmark case that established the legal validity of parental rights. The Supreme Court found the parental rights constitution, under the Fourteenth Amendment, a parent has the right to oversee the custody, care, and control of a child.
Can Parental Rights Be Terminated?
Parental rights termination can happen in different ways, depending on your home state. Some of the most common grounds for termination of parental rights include abandonment, abuse, neglect, and failure to maintain contact with the child. Typically, a state will revoke parental rights in order to protect the child’s best interest. There can also be a voluntary termination of parental rights. This usually happens when a parent wants to give their child up for adoption.
The Rights of Children?
Even though most parents are legally responsible for their children, the child has their own rights as well. Children are not given the same rights as adults until they reach a certain age, but they are guaranteed some rights. For example, child rights include equal protection under the law, due process, and the right to a safe environment. There are child laws built in place to respect the rights of children. Other factors, such as the age they can start working and when they legally gain the right of an adult, vary state by state.
When becoming a parent, there are many legal factors that you should have in mind in order to fully protect your child no matter the circumstances. If you have further questions about your rights as a parent, consider hiring a legal professional that will help you research the rights for your particular state and familial structure. This is to ensure that your parental rights are protected as well as that of your child.