Questions about Parental Responsibility Laws
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.