Parental Rights

Question 1

When is a parent entitled to custody of their child?

Answer 1

A parent who is living, competent and has not been found unfit is entitled to the custody of a minor child

Question 2

What rights are living, competent and not unfit parents entitled to regarding minor children?

Answer 2

Parents are entitled to custody of a minor child and the right to direct their education and medical care

Question 3

What is standard regarding non-parents seeking custody or visitation rights over child living with their parents?

Answer 3

Significant deference must be given to a legal parent’s objection to visitation by non-parents when a non-parent seeks custody or visitation rights over a child living with parents.

Question 4

What type of findings would be required to override parental objection to visitation from a non-parent seeking custody or visitation?

Answer 4

A finding o parental unfitness or harm to the child

Question 5

When do parent’s support obligations regarding their child terminate?

Answer 5

Generally a parent’s obligation to support a child may be terminated
1. when the child reaches and age of majority (generally 18)
2. if the child seeks and receives emancipation
3. If the parent relinquishes the child
4. if the state involuntarily terminates the parent-child relationship

Question 6

Does an emancipated minor need to be supported by their parents?

Answer 6

No, a minor child who is legally emancipated need not be supported by the parent.

Question 7

What are factors considered when a court decides whether to grant emancipation?

Answer 7

Factors for emancipation include:
1. financial independence
2. maturity
3. marriage
4. whether minor has their own children
5. whether the minor has the ability to support themselves