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Questions about Parental Responsibility Laws

Those who have never dealt with parental responsibility can be unsure of exactly what it entails. Questions can arise such as: What does parental responsibility mean? and Who has parental responsibility? Parental responsibility laws can be confusing. The Experts on JustAnswer can answer your parental responsibility questions and explain the legal aspects to you. Below are the top parental responsibility questions answered by the Lawyers on JustAnswer.

What is parental responsibility?

Parental responsibility means that parents have certain basic duties to provide for their children. These duties include feeding them, clothing them, providing shelter, providing medical and health care, offer a safe environment, security and overall wellbeing. Parents can also be responsible for crimes committed by their children under certain some circumstances.

For purposes of shared parental responsibility, would the mother of a newborn child gain automatic custody of the baby?

When parents share the parental responsibilities of a child, they are equally responsible for providing for the child. Usually, the courts will allow an infant to stay with the mother unless the father can prove that the mother is unfit or that the mother’s home is not suitable. The court will take into consideration what is in the best interest of the child and base the decision on that basis.

In a divorce with shared parental responsibility, should either parent have to pay child support if time is shared equally?

In most cases, child support will be based on the income of both parents. Child support obligations generally cancel out if both parents are earning about the same amount. However, if one parent earns less than the other, the one making more money can be made to pay child support to the other. While that is the basic premise, individual circumstances and details of the case can also have an impact on child support. If you would like expert legal insights on the specifics of your situation, you can ask a Family Lawyer on JustAnswer.

If a person has sole parental responsibility, can an ex-spouse prohibit them from relocating with the child?

Many times after a divorce, people choose to move away and begin a new life. There are situations where a parent has sole responsibility of a child but the child still has an active relationship with the other parent. In cases such as this, it is possible that the courts could deny the parent with sole parental responsibility from relocating. However, if the other parent has a weak relationship with the child, the court may allow the relocation. While the ex-spouse can petition to prevent the relocation, the court would usually rule on a case to case basis, taking into consideration what it deems to be in the best interest of the child.

Can an ex with no parental responsibility take children for an overnight stay to a girl friend’s home?

Usually, if there are no visitation or custody rights in place, the parent with parental responsibility has the right to refuse any unreasonable request. The ex would have to request an order from the court to make you comply. However, the courts will generally deny such requests due to the moral best interest of the children. You could go to court and request an order of protection to prevent such activity.

Parental responsibility laws can differ from state to state and court rulings can vary from case to case. This can make it difficult for people to understand their legal standing. If you are applying for parental responsibility or just need answers about laws governing parental responsibility, you can ask a Family Lawyer on JustAnswer and seek expert insights and opinions on your case.
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Recent Parental Responsibility Questions

  • I am approximately 2 years out from my Divorce/Parental responsibility

    I am approximately 2 years out from my Divorce/Parental responsibility settlement. My sons father is extremely difficult to work with although we have shared decision making rights he goes above my head to make decision for our son. Our initial parenting agreement outlines my move out of state however I made the decision to stay here so we currently have no parenting plan for visitation although we have been able to work this out (barely). He consistantly harasses me via telephone and text, sometimes even goes so far as to tell my childs school that I'm not allowed to make any decisions on behalf of my son. He is getting ready to start Kindergarten but right now he spends a lot of time being joustled throughout the week. My biggest issue is how do I propose a school safe parenting plan to the court and more importantly how do I enforce my parental rights when my ex attempts to prevent me from having any?
  • I am reciently divorced and my ex husband lives in another

    I am reciently divorced and my ex husband lives in another state. He defulted on everything in the divorce. I was awarded custody of our son and it reads as follows:

    "Sole Responsibility and Timesharing: It is in the best interests of the child that the Mother Shall have sole parental responsibility and authority to make all major and minor decisions for the child. It is detrimental to the child to have shared parental responsibility. The Father shall have no timesharing with the child until he has filed a certificate of completion of the statutorily required parenting course and has filed an appropriate motion or pleading to establish timesharing. As the court is reserving jurisdiction to award timesharing in the future, no parenting plan is being required or adopted at this time. "

    My ex wants to come visit my son, finally, after a year. Someone told me that i would be endangering my child if i let him visit with his father because the judge said it would be "detramental" and i could get in trouble. He is giving me a hard time about everything and is waiting for me to make a mistake. I just want to make sure i am doing the right thing, Legally. Do i have to let him see him? if i let him see him, can i get into legal trouble? ALSO, he was ordered to pay me $376 by the 5th of every month and he is splitting it up in payments throughout the month, is there any way i can enforce him to pay when he is supose to or am i stuck with letting him try to play the system? As soon as he was ordered to pay child support, he left his current job, changed his phone number and got a job in another state. He will not give me any info on his new job and hasnt responded to Fl Dept of Rev.
  • Can I invoke Parental Responsibility and accept criminal traffic

    Can I invoke Parental Responsibility and accept criminal traffic charges against my 16-yr old daughter removing them from her?
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