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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.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9263
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
6 Family Lawyers are Online Now

How JustAnswer Works:

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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Parental Responsibility Questions

  • My ex husband makes about 21k a yr, I make about 15k. Been

    My ex husband makes about 21k a yr, I make about 15k. Been divorced about three yrs. I ask for NO child support at this time.
    We share 50/50 custody of our son and split any related expenses (Dr. visits, school fees, etc.)
    My son receives SSI checks every month because of his autism. The checks come to me in my name and are always used to pay for his ABA therapy every month. This was the case even when we were together.
    The amount of the checks has always been just enough to cover ABA hours, Roughly $460 a month.
    As of last month Medicaid now covers my son's ABA hrs and it is no longer an out of pocket expense.
    I just informed my ex of the change and he is now demanding I send him the last six months of ABA bills and amount of checks for last 6 months, to make sure that Medicaid wasn't already covering ABA before I told him.
    He is also demanding we split the SSI check.
    Am I obligated to give him the information he wants?
    Am I obligated to share the SSI check with him when I don't ask for child support?
    Any feed back I could receive would by greatly appreciated as this has become a very stressful situation for me. Thank You.
  • I relocated from Florida to Pennsylvania with my 16 and 9 year

    I relocated from Florida to Pennsylvania with my 16 and 9 year old on August 16, 2014, both children wanted to make the move and there father gave verbal consent, to myself and my 16 year old. Now I have been served with a "motion to return minor children". We have always handled everything out of court and have never had a problem until now, that is why I didn't get anything in writing. My kids are in school and happy. What are my options? I have to file a response within 20 days, but I don't know how to do that, if I can do it myself, or what information would need to be in the response.
  • My divorce degree stipulates that although I was married when my minor child was born, sai

    My divorce degree stipulates that although I was married when my minor child was born, said husband is not the biological father and it states the bio father.The divorce decree also states that Therefore,it is ORDERED AND ADJUDGEED:The Mother shall have sole custody and sole parental responsibility of the child, and shall be responsible for his day-today management and activities. The Court shall reserve jurisdiction over the issues of Paternity, Time-Sharing and Child Support. Either party may file the appropriate pleading and come before the Court. All requested relief not specifically granted in this Final Judgment denied. Jurisdiction of this cause and of the parties is hereby retained for the purpose of entering such further orders as this Court may deem just & proper. How can I use this to get child support from the bio father and not the "legal father?" The legal father has never provided anything for the minor, but the bio father has &the child knows the bio father.Case in F
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