Duties, rights and obligations of parents
Obligations of parents , this is what this article is about. Parents are responsible for their children, their upbringing, care, providing them with their example what should be the conduct both inside and outside the home.
Whether you are a first-time parent or if you already have experience with children, this article could be useful to clarify many of the doubts you may have in your role as a parent or how to act in the event of a separation, what laws protect you, among others.
Parental Obligations
The obligations of the parents are acquired from the first moment in which the conception of a son or a daughter is generated. Caring for them, watching over their children and raising them to become good men and women is part of the obligations of parents towards their children.
These obligations must never be exercised in a bad way, because just as we committed ourselves and decided to bring a new life to this world, the product of genuine love, we must also assume the responsibilities and obligations that this decision brings with it.
The Holy Bible tells us that the Obligations of parents , in addition to dressing, feeding, caring for, and caring for them, is also to provide them with comfort, satisfy their needs, and offer them physical (home) as well as economic and emotional stability (family, for example, among others). ).
One thing is to fulfill our obligations as parents and meet the needs of their children, and quite another is to poorly raise them and give them everything they ask for. We can satisfy them without the need to pamper or spoil them.
When we refer to this relationship between parents and children at a legal level, we usually notice a large number of words and concepts that we do not understand, for this reason, we decided to carry out this article, which can serve to guide parents, however, the recommendation always it is and will be to consult with a professional in the area.
Parental authority, custody, duties and rights of parents and children, parental responsibility, how to act in case of disagreement between parents? If the parents separate, what should be done in these cases? What measures should be taken when both parents are teenagers?
These are some of the questions and concepts that we will be developing throughout this article so that they can act responsibly and in accordance with the law.
Parent Responsibility
Parental responsibility is what was formerly known as Parental authority, and this is nothing more than the series of Obligations of parents towards their children. Also, it includes the rights and duties that every father or mother has before their children while they are minors, and of course, it is considered pertinent that they require your support and care.
What is the purpose of parental responsibility?
The purpose of parental responsibility is to protect and care for minors, so that they can be well cared for and enjoy a full and happy development. Their comprehensive training and development represent the most important thing.
If the parents live together, how do they exercise responsibility over the children?
The law clearly establishes that if both parents live under the same roof, both are fully responsible for the safety, integrity and development of their minor children. One of the two could make the most important decisions about their children, for example, the way of parenting.
However, as long as the spouse agrees with this decision, there is no legal problem. The most important thing is that the boy or girl develops and can act freely, feel complete, important and taken into account as a member of her family.
If the parents are divorced or no longer live together, who is responsible for the children?
As we mentioned in the previous question, the law establishes that regardless of whether one of the parents makes the decisions and the other agrees, the responsibility of both towards the minor children present within the family bond is fulfilled.
If the parents no longer live together in the same home, this does not exempt them from their responsibilities as parents, since throughout their lives they will continue to fulfill their role as father and mother, respectively, and the responsibility for their children is a responsibility for life, and most importantly, of both parents.
If one of the parents dies, who is responsible for the children?
The law states that in the event that one of the parents or parents dies, the other parent will assume full parental responsibility. Only in extreme cases, where the development of the children, their lives or the satisfaction of their needs are at risk because the other parent is addicted, alcoholic, abuses them in some way, or in any other way, then:
The minor boy or girl will be presented before the corresponding organizations or a trial will be established so that this boy or girl can be assigned to a new representative or guardian who cares for and watches over their needs.
This, of course, is not a simple process and will require constant supervision and although it is another topic to develop, it is important, in this case, to consult a professional in the area.
If the child is out of wedlock, how is parental responsibility exercised?
A fairly common question is how to exercise parental responsibility and comply with the Parental Obligations when the child is the product of an extramarital relationship?
In order not to confuse us more, we are going to make it as simple as possible. Let’s start by defining if the boy or girl has a direct relationship or bond with only one or both parents.
In the event that the son or daughter has a relationship with only one of the parents, the responsibility clearly belongs to said parent. Now, in the event that the son or daughter has a relationship with both parents, the responsibility falls on whoever presented it.
This last point may be a bit confusing, so we will explain it with an example. For example, from the relationship of Juan and Ana (names taken at random) Jesus is born (extramarital child), but Juan is married to Martha (name taken at random).
When Martha discovers that Juan, her husband, has committed adultery, she decides to separate from Juan. The logical thing would be for Juan to present this son as his own, so the responsibility would be solely his and not Martha’s, his former wife. So, the responsibility rests with the father who presented it, in this example, Juan.
Parental Duties
As we mentioned at the beginning of this article, the duties of parents are diverse, therefore, below, we will explain what these duties are and how to comply with these Obligations of parents .
What are the duties of parents?
Some of the duties of parents are:
- Take care of minor children, live with them, be their example, feed them, keep their needs satisfied and educate them so that they become good men and women.
- Always keep in mind what the needs of these minors are, that is. This point also applies in the event that one of them has a special condition.
- Respect the child’s right to be heard.
- Guide their children as parents so that they know and exercise their duties and rights.
- Facilitate and respect the right of children to interact freely with their grandparents and other relatives or any other person with whom they have some kind of emotional bond.
- Represent and responsibly manage the children’s assets in the event that one of the parents has died.
Do parents have the right to punish children?
No, parents have no right to punish their children. Any way in which they receive any abuse, physical or mental injury by one of their parents, must be punished according to the law.
What duties and rights do children have with their parents?
Just as there are duties and obligations of parents towards their children, in the same way, there are duties of children towards their parents. Among them, we can mention:
Children have the duty to obey their parents, but also the right to be heard and taken into account. Also, they have the right to have their needs met, to grow up in a calm, harmonious and peaceful environment that allows them to develop and become a good man or woman.
When do parental duties end?
According to the law, the responsibility of parents “ends” when the children reach the age of majority, however, parents will always have a responsibility towards their children for life, acquired from the first moment of their conception.
disagreement between parents
Disagreements between parents are always the order of the day, however, these can and should always be resolved because the most important thing is not their differences, but the well-being of their sons and daughters.
What happens if the parents do not agree on an issue related to their child?
In the event that both parents cannot reach a common agreement, then either party may appear before a judge in order to determine what is most beneficial for the children.
Acts that require the consent of both parents
As the responsibility always belongs to both parents, except in the event of the death of one of them, certain acts require the consent of both parents and not the decision of only one.
What acts require the express consent of both parents?
Some of the acts that require the consent of both parents are:
- Authorization from both parents so that children between 16 and 18 years of age can marry. Since at this age, they are not physically or mentally prepared to assume all the responsibilities that a marriage demands.
- Authorization from both parents so that children who are still minors can freely enter the armed forces, security forces or religious communities according to their wishes.
- If a son or daughter is a minor and wishes to leave the country, they must also be authorized by both parents. This point also applies so that the son or daughter can live permanently in that country, either on their own, or with one of the parents.
- Before a trial, if the son or daughter must testify or participate in any way, it must be authorized by the father and mother.
- In the event that the father or mother had died and inherited assets or fortunes, it is the duty of the other parent to manage these assets with their children responsibly.
- In the case of trials where these children are adolescents and one of the parents does not give their consent for them to testify, then said decision remains in the hands of the judge.
Delegation of parental responsibility
Can other people than the minor’s parents exercise parental responsibility?
Yes, as long as the relative of one of the parties is justified. In other words, this case only applies if the parents of this child are traveling or sick, for example. Or also, in case of child abuse, however, this action must be approved by the judge.
Who is the related parent?
The mother or father who is responsible for the son or daughter. It is not a requirement that the parents be married to be in charge of the children.
Can parental responsibility be delegated to the related parent?
Yes. If one of the parents, in this case, the one who has the responsibility for the son or daughter, cannot take care of him or her for some reason of force majeure, then, he or she can assign full responsibility to the other parent.
The parent who is in charge of the child can delegate to the related parent the exercise of parental responsibility when: He is not in a position to fulfill his Parental Obligations , for example, in case of travel or illness.
teen parents
If the parents are minor adolescents, do they have parental responsibility for their children?
Although the parents of the son or daughter are adolescents and are not married, both have responsibility for the child. This will only have an exception when the parents or grandparents of these consider that one of the parties is not a good example for the child in question.
What if teen parents do or don’t do something that could harm their child?
For example, that one of the responsible adolescents and parents is a bad influence, is addicted to some vice or has bad habits. Parents or grandparents must intervene there, for the benefit of the child.
What do you do when you have to make a very serious decision about your teen parent’s child?
There are specific cases, such as surgical intervention or giving a child up for adoption, which require more serious decisions, and an adolescent does not have the maturity to make such a decision, so in these cases it is required whether or if the intervention of a judge to determine what is best for the child’s welfare.
Loss of parental responsibility
Can parents lose parental responsibility? The answer is yes. This could happen in any of the following cases:
- One of the parents has been convicted of homicide or domestic or gender violence.
- One of the parents is convicted of exercising violence against their children, even causing serious injuries.
- In the event that one of the parents is convicted of committing sexual abuse against their son or daughter.
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