Parent and Child

Parents are entitled to the custody of their children. They are free to make all decisions relating to the welfare of their child as they see fit, short of violating laws that protect children from abuse and neglect. Courts will not interfere with reasonable directives set forth by parents to discipline their children.

Modern statutes and courts have reconsidered the father's traditional primary role and now give equal powers, rights, and duties to both parents. In the case of DIVORCE or separation, all rights of decision and control over the child go to the parent awarded custody, except when joint custody is awarded. In the case of the death of one parent, the other parent assumes custody.

The parent has the obligation to furnish a home for the child. A parent has the right to use CORPORAL PUNISHMENT, but it must not be so excessive as to constitute child abuse.

A parent's power over his child includes the authority and obligation to oversee medical treatment. A parent will most likely be held guilty of criminal neglect if he disregards the health requirements of his child. In cases where essential medical treatment is not procured for a child, juvenile authorities will start proceedings to provide care for the child and disciplinary action for the parent.

A controversial issue arises when a child is ill and the parents refuse health treatment for religious reasons. In an emergency that would jeopardize the child's life, a court may override the parental consent requirement and authorize treatment. A much greater obstacle exists when the parents, on religious grounds, refuse to provide their child with medical care that is important but not life threatening.

Parents are allowed broad discretion in making decisions regarding their child's education. This freedom, however, is not absolute and is tempered by compulsory state school attendance laws and the right of the state to require that the child be educated. However, most states now allow home schooling, with education provided by a parent.

A parent who fails to carry out obligations or abuses parental rights is guilty of a crime. A parent who fails to make certain that her child regularly goes to school can be held criminally liable for violating compulsory attendance laws. A number of states have criminal nonsupport and ABANDONMENT statutes that make it unlawful for a parent to neglect to provide for her child. Where essential support has been provided by an outside source, such as an agency or an individual, this source can initiate a lawsuit to recoup the expenses of services and supplies. A person who has custody or guardianship of a child can initiate a lawsuit to request that the noncustodial parent pay a suitable amount of money on a regular basis to support the child.