Parents possess certain rights related to their child’s upbringing to enable them to fulfill their parental responsibilities.
These rights occupy an essential place within the legal system, with the Supreme Court recognizing them as part of an enduring American tradition in the case of Wisconsin v Yoder.
If you are a new parent or are expecting a child soon, you must be well-versed with parental rights and responsibilities to ensure you do not get into trouble with social services.
This article will first explain why parental rights exist and then elaborate upon the different manifestations of these rights.
What Are Parental Rights?
A minor is not competent enough to be responsible for their survival, so a parent is legally obligated to ensure that the child has a safe and healthy upbringing. The legal responsibilities of a parent include the provision of basic needs, the education of the child, and that the child has access to medical care.
To help support the fulfillment of these responsibilities, the parents have certain rights related to the upbringing of their children. It allows parents to make life decisions on behalf of the child before things get out of their control.
- You Can Pursue Legal Action On Behalf Of Your Child
Throughout most of their life, your child will be in a space where things might not be in your control, like the school or hospital.
As their legal guardians, you have a right to take legal action on their behalf should these institutions fail in their duty of care. It could be for something as early as the delivery of the child or an injury that resulted from medical negligence.
To learn more about your rights, online resources like www.childbirthinjuries.com are helpful. You will find links, articles, and critical information regarding birth injuries, symptoms, and compensations.
- Your Marital Status Does Not Impact Your Parental Rights
There was a time when unmarried couples and children born out of wedlock were considered societal ills, with marriage being a religiously enshrined institution and thus worth preserving.
Today, other viable alternatives to marriage exist with many of the same legal rights, such as civil unions or unmarried couples living together.
If you are legally the mother/father of the child, you have the same parental rights and responsibilities irrespective of your marital status. It is attaining the legal status of fatherhood that the law slightly differs.
If you have a child as a married couple, you are recognized as the father legally as a consequence of your marital status. With unmarried couples, the biological father is only the child’s legal father if his name is on the birth certificate.
If not, the father must prove his paternity to gain parental rights.
- You Should Not Be Harrassed By The State For How You Raise Your Child
The concept of parental rights is contingent on the idea that the family is an autonomous part of society whose decisions are private matters outside the realms of state control.
Just as an adult is free to live as they choose, so is the family, a unit whose conduct should be outside the control of any external body.
Based on this idea of family autonomy, parents have extensive rights to make decisions regarding their child’s future that should not warrant state intervention or disapproval. The only situations where social services can intervene are endangerment, abuse, or neglect.
In all other matters- schooling, their medical needs, their religious upbringing, or who they spend time with – the parents are entitled to decide without governmental intervention.
- You Can Access State Assistance If Parenthood Is Too Expensive
While a child is always a blessing, a new mouth to feed and a body to care for can often be a source of economic strain, especially for low-income families. Sometimes, these socioeconomically disadvantaged groups can’t provide for their new child without seriously impacting their quality of life.
If you reside in a low-income bracket and are worried about how you will raise a child, it is vital to know about state services you can access that can help you fulfill your parental responsibilities.
You can apply to Temporary Assistance for Needy Families (TANF).
This federal assistance program provides financial support, job training, and resources for employment for low-income families.
You can also go to the Supplemental Nutrition Assistance Program (SNAP) to get food stamps for buying nutritious food for your child and apply to Children’s Health Insurance Program (CHIP) to get essential medical services for your child.
- Your Job Cannot Punish You For Having A Child.
One of the many facets of sex discrimination in the workplace was the attitude of the corporate space toward pregnant women. Pregnant women were seen as a workplace liability, ones who would take many days off, have reduced productivity, be temperamental, etc.
As a result, they’re often denied work or held off from rightful promotion.
The Pregnancy Discrimination Act makes it illegal to treat pregnant employees differently, whether it concerns hiring and firing or promotions, bonuses, and other employment benefits. Further, under the Americans with Disabilities Act, businesses must provide accommodations for all pregnancy-related impairments, such as through task modification or extra breaks.
If you feel disadvantaged at work due to your new status as a parent, know that you are entitled to take legal action against your business should they continue the discriminatory behavior.
Further, under the Family and Medical Leave Act (FMLA), all parents are entitled to take up to 12 weeks of leave for the birth or adoption of their child so that the child can have time to spend and bond with their parents before they return to work.
Conclusion
For many, becoming a parent is the single most significant event in their life. Yet, while a child can be a joyous blessing that can liven up their parents’ lives, raising a child is a serious responsibility that requires the utmost care and attention.
New parents should familiarize themselves with the law to have a nuanced understanding of the rights they hold over their children and what is expected of them by the law.