Nature of Parental Rights

Question 1

Custody rights of parent

Answer 1

A parent who is living, competent, and has not been found unfit is entitled to custody of the minor child and to direct his or her education and medical care

Question 2

Non-parent seeking custody

Answer 2

For a non-parent to seek custody or visitation rights over a child with living parent(s), significant deference must be given to a legal parent’s objection to visitation (i.e., a finding of parental unfitness or harm to the child would likely satisfy this)

Question 3

Parent obligation to support children

Answer 3

Generally, a parent’s obligation to support a child is terminated when the child reaches age of majority (18 in most states)

Question 4

Terminating parental rights/obligations

Answer 4

Parental rights and obligations involving a child may be terminated by actions of the child (emancipation), the parent (relinquishment), and/or the state (involuntary termination)

Question 5

Emancipation

Answer 5

Emancipation: a minor child who is legally emancipated need not be supported by the parent

Question 6

Factors for emancipation

Answer 6

o Financial independence
o Maturity
o Marriage
o Children of their own
o Ability to support themselves