That is because the court considers the parents of the child to be primary caregivers. If the parents don’t have that responsibility, the court will impose a conservatorship on the parents. The term “conservator” may sound ominous, but it just means a person who has the power to act on behalf of the child.
Roles Of Conservator
A conservator has the power to manage the property of the child and has the authority to make decisions about the child’s education. He or she is also the primary caregiver and may petition to have the child’s other relatives removed from the home if the child’s needs are not being met. The court will appoint someone to be the conservator who has the best interest of the child in mind. In order to find a conservator, the parents of the child need to file a motion with the courts.
This is so the court can see that both parents have the physical responsibility to the child, and that the primary caregiver isn’t neglecting the child. A conservator doesn’t necessarily have to be a biological parent. He or she could be a grandparent, a friend or a relative.
How To Appoint A Conservator
To appoint a conservator, the parents must first file the necessary papers with the court. The court will then decide if the parents meet the requirements for the position. These papers generally request a financial statement from both parents, stating how much income they have available and whether any assets they possess are jointly protected. The court will also ask them to provide documentation detailing the length of time they’ve been married and divorced, the number of children they have and who they have raised them.
Know About The Paperwork
The papers don’t stop there, though. The parents still need to file an additional motion with the courts, asking the court to appoint a guardian for the child in case the primary caregiver passes away. This person will assume the responsibilities of the primary caregiver and will have the responsibility of looking after and helping the child whenever he or she becomes sick or has an accident. A final motion is needed to formally appoint the guardian.
After the papers are filed, the parents have no parental responsibility to the child unless they are seeking visitation or custody. In most cases, a parent seeking custody can petition for visitation rights. Once the child reaches 18, the parents must take the child on visitation. However, this is only the case if it was determined that the parents were not able to keep the child safe or healthy while they were together.
In general parental responsibility refers to the responsibility of looking after and protecting the child. If parents do not have this basic duty, it is time for them to rectify their responsibilities by getting involved themselves. A basic understanding of parental responsibility can benefit any couple regardless of the ages of the couple. If the parents have an agreement about parental responsibility, they should make sure that the child gets adequate care and protection. If this is not the case, then parents need to work out a plan. If it does not work out, the parents can go to court and make a change in the law.