PARENTAL RIGHTS and RESPONSIBILITIES
What legal responsibilities do I have as a parent? A parent
has two
major responsibilities. They are:
1. to support your child by providing him or
her with the necessities
of life; and
2. to supervise and control your child.
What are the necessities of life? The necessities of life are
more than
just food, shelter, and clothing. They also include medical
care, a safe and
nurturing environment, an education, and legal help when
required. NOTE: failure to provide
the necessities of life for your child can be considered neglect.
How long does my duty to support my child last? The duty to support
your child lasts until he or she reaches the age of majority, which is
18. There are
some exceptions to this rule, they vary from state to state. They vary
by such things as marriage of the child, and termination of parental
rights.
I never married my child's other parent and my child does not live
with
me. Do I still have to support my child? Yes. The duty to provide
support for
your child is not affected by the marriage or absence of marriage
between parents.
What if I can afford to support my child, yet I don't? If the state
is
forced to support a child, the state is entitled to reimbursement from
parents
who are capable, but have refused, to provide for such support.
Does my duty to supervise and control my child mean that I, as a
parent, will be held liable for any harm/damage caused by my child?
Generally, parents
are not held liable for the harm caused by their children. However,
there are
exceptions to this rule. For example, if you (a parent) knew or
should have known of your
child's propensities for engaging in improper behavior, or have aided
or encouraged such
behavior, you can be liable for harm/damage caused by your child.
Additionally, there are specific statutes which make parents liable for
the harm caused by their
children under particular circumstances. Each state in the US has
differing statutes.
You can get information from your local library, or online at the state
of Alaska
website. (This is not meant to constitute legal advice, but is a
brief overview of parental
rights and responsibilities.)
Do I have any rights as a parent? Yes, four that are listed
below:
1. The right to custody and control
of your child. This means that as a
parent you can make important decisions about your child's life. That a
parent can decide
where your child will live, with whom he or she will live, what he or
she will do from day to day,
what school he or she will attend, when he or she needs medical care,
and what, if any, religion
he or she will practice. (NOTE: The court maintains
the right to stop you making decisions that
would adversely affect the rights or welfare of the child.)
2. The right to cooperation and obedience from your child
entitles you
to just that: cooperation and obedience. This right translates into the
right to discipline your
child in a non-abusive and non-neglectful manner. NOTE:
Your child does not have to obey you if
you have ordered him or her to do something that is dangerous or
illegal. In fact, if you have encouraged your child to commit
dangerous or illegal acts you may be charged with contributing to the
delinquency of a minor, child abuse, or neglect.
3. The right to your child's earnings means that you as a parent
can
legally collect and keep the money that your child earns.
However, there are limitations on this
right. Your child's earnings will not be entirely available if you have
exploited, neglected, or
abandoned your child; if your child's income is the result of his or
her special talent or athletic
ability; or if your child's income is the result of a gift or
inheritance. Furthermore, most
parents allow their children to keep the money that they have earned.
4. The right to sue if someone wrongfully injures or kills your child
enables you to recover costs such as medical and funeral expenses, as
well as lost earnings, lost
companionship, and pain and suffering in the event of your child's
death or injury.
Do my rights as a parent ever cease?
Yes. When your child reaches the age of majority they do. (that is,
18). In addition, your rights and authority as a parent can be
suspended or terminated in any of the
following situations: the court appoints a guardian over your child;
your child
gets married; the court suspends or terminates your parental rights
due to abuse or
abandonment; your child is made a ward of the juvenile court;
has been emancipated by the court; or
enlists in the military.
2003 Community Resource Kit - Alaska Children's Trust