The Parental Responsibility Definition in a Divorce Case -

The Parental Responsibility Definition in a Divorce Case

parental responsibility definition

Parental responsibility definition varies considerably between the courts of different countries. In the United States, for instance, parental responsibility is defined as the parent or guardian’s responsibility to care for and ensure the welfare of a child. In the United Kingdom and many other European Union countries, parental responsibility also includes the right and privileges that underlie the relationship between a child and his or her parents or guardians. In Australia, parental responsibility is defined as the responsibility of the parents or guardians of the child.

Responsibility Of Child

A close up of a dark road

A person is said to have parental responsibility when they have the legal authority and is required by law to take care of the child. Responsibilities that a person has to take include making major decisions for the child’s welfare and upbringing, giving up the parental rights of the parent or guardian in cases where it is necessary for the child’s welfare. When a person has to give up parental responsibility, other situations include when the child has been adopted, and the adopting parent has abandoned the child. There are some special cases when a child is not entirely responsible for either the mother or the father when one or both partners in a relationship has died. It is through the will of the deceased that the child is placed with another partner. The courts also recognize parental responsibility through adoption, where a child has been brought into the world and cared for not only for his or her birth parents but also for all the rest of their lives.

Difference Between Parental Responsibility And Child Support

A person sitting on a couch

Everyone must understand the differences between parental responsibility and child support, especially when dealing with a minor child or children. The two are very different, yet they often occur in the same circumstances. The primary difference between these two legal arrangements relates to who should pay for a child’s financial needs. Child support is determined by a mathematical formula that considers several factors, including the income of both parents, the residence of each parent, the cost of raising the child, the capability of each parent to care for the child properly, and other special needs of the child.

When determining the amount of child support, the judge will consider the child’s unique needs and take into consideration any history of abuse or neglect. In many cases, the state or federal government will require parents to pay specific amounts for their children based on their specific situation. For instance, some states have a minimum financial amount to contribute to their child’s funding. This financial minimum usually varies by state but is usually around thirty percent of the cost of raising the child. However, a judge may order that a parent pay more or less than the required financial minimum if he or she can demonstrate that the contribution would be detrimental to the child’s welfare.

Providing Education To The Child

Parental responsibility also includes the responsibility of providing education to the child. A judge will typically order a parent to ensure that their child is enrolled in a public, private, or parochial school. If the child is not enrolled in school, the judge may require the parent to file for an educational achievement certificate or an equivalent. The educational requirements will vary from state to state, so it is best to check with your local courthouse.

Another important issue that a judge will consider when determining parental responsibility is where the child’s residence is located. Depending on your state, the judge may order that either the custodial parent or the non-custodial parent have physical custody of the child or that the resident parent has visitation rights. In some states, the judge will allow both parents to have joint legal custody or the right to make decisions about the child. Regardless of whether the judge allows joint custody or visitation rights, the judge will determine the child’s residence. The residence will be where the child spends at least 35% of his or her time.

Determining The Child’s Residence

In addition to determining the child’s residence, a judge will consider the child’s best interests. In many states, a judge will only allow visitation rights if the parents demonstrate a clear understanding of the child’s best interests. Some of the factors the judge considers include the ability of each parent to provide the necessary care for the child; the ability of each parent to provide for the physical and emotional needs of the child; the ability of each parent to provide the home environment that the child needs; the ability of each parent to provide the education the child needs; and the capacity of each parent to provide the guidance the child needs during childhood. In these cases, the judge will consider what would be in the best interest of the child. If either parent has shown a willingness to work with the other parent to achieve these goals, the judge will allow visitation rights. Conversely, if a parent has consistently demonstrated a lack of willingness to cooperate or communicate with the other parent, the judge will not allow joint legal custody.

Final Words

Another important decision that must be made by the parents involved in a divorce proceeding is who will make the major decisions about the minor’s welfare. This includes everything from choosing schools to deciding where the child will live. Without a properly established parental responsibility plan, these decisions will be left up to the state to decide. Parents who can demonstrate a clearly defined parental responsibility plan in place will be better off when it comes time to establish this responsibility. Even if they are not favored in the child custody case, the parents should still try to establish a parental responsibility plan so that future decisions regarding the child’s welfare are made in an orderly and reasonable manner.

Subscribe to our monthly Newsletter