Legal Parent-Child Relationship Definition
Among the many different and even lasting relationships that people develop throughout their lives, relationships with their parents are among the most influential (if not the most influential). The term „parent-child relationship“ refers to the unique and meaningful affiliation between a parent and a child. Legally, the parent-child relationship is defined as the relationship between a person and their biological offspring, or between a person and a child who has legally adopted them. Thus, at first glance, parent-child relationships take one of two basic forms: biological or adoptive, with only biological parents sharing genetic material with their offspring. Of course, the parent-child relationship is not limited to DNA; interactions and connections. The term child is used in a narrower sense to refer to a person who is under the legal age. The most accurate word for such a person is minor, juvenile or small. The age of majority, which legally transforms a child into an adult, is traditionally 21. However, many states have lowered the age of majority to 18. Critics of children`s rights argue that transferring too many rights to children would undermine parental authority and the traditional family. Many conservatives believe that children lack the wisdom to make important decisions and need the guidance of responsible adults.
They advocate a paternalistic approach to child welfare rather than one that empowers youth. Critics are also angered by the intrusion of the legal system into the domain of parents, claiming that parents have the final say in their children`s education. The Conservatives fear that if children have easy access to lawyers, a wave of frivolous lawsuits or retaliation will erupt, destroying many fragile families in need of help. This fear is so strong that the United States is one of only two countries (Somalia is the other) that has not ratified the UN Convention on the Rights of the Child. Other concerns expressed by some critics against children`s rights include the fact that children could be legally allowed to join gangs or perform abortions. Some critics have even gone so far as to argue that ratifying the UN treaty would deprive parents of any control over children and hand them over to the United Nations (although the US Constitution does not allow any treaty to override its rules). Some groups, such as the Council on the Rights of the Child (CRC), believe that children have the „right“ to be raised in a two-parent household. One of the goals of the CRC is to keep marriages together, but in the event of divorce, parents should be encouraged to share custody equally.
Shanahan, L., & Sobolewski, J. M. (2003). Effects on the child as a family process. In A. Crouter & A. Booth (Eds.), Children`s influence on family dynamics: The neglected side of family relationships (pp. 237-252). Mahwah: Lawrence Erlbaum. A child is the problem or offspring of his parents.
A posthumous child is a child conceived before the death of his father and born after. Such a child has the same inheritance rights as a child born during his father`s lifetime. A child is not entitled to all legal rights unless he or she is born alive. The law does not normally consider a fetus to be a child. In its narrowest usage, the term parent refers only to a mother or father who is related to the child by blood. This definition applies whether the child is legitimate (the biological parents are married to each other) or illegitimate (the parents are not married to each other). Since 2003, adoptive parents have the same rights and obligations as biological parents under the laws. However, other persons who replace biological parents, such as step-parents, do not have such extensive rights and obligations. Although in some cases foster parents and foster homes have the legal responsibility to care for a minor, they are not entitled to full parent status.
In 1874, a severely beaten girl known as Mary Ellen became the first legally recognized victim of child abuse in the United States. Prior to 1874, the society offered little protection to miners. Children were considered the property of their parents, and neither the government nor individuals intervened when they were raped, overworked, or neglected. Mary Ellen was only rescued from incompetent parents after the American Society for the Prevention of Cruelty to Animals (ASPCA) intervened. ASPCA supporters pointed out that if Mary Ellen was a horse or dog, her abuse would be prohibited by law. A judge agreed that the girl deserved at least the same protection as an animal. Children`s rights activists cite the case as an example of how children are still considered the property of their biological parents. At the same time, self-help groups for biological parents welcome the decision. They believe Jessica DeBoer – who has been renamed Anna Schmidt – belongs to Cara and Dan Schmidt because Dan never gave up his parental rights and because blood ties have special social and legal significance.
The question of the right to conceive or the right to have a child is resolved by Supreme Court decisions concerning the right to privacy. In Griswold v. State of Connecticut, 381 U.S. 479, 85 p. C. 1678, 14 L. Ed. 2d 510 (1965), the Court held that married persons have the right to be informed about contraceptive methods and to have access to contraceptives. The right was in Eisenstadt v. Baird, 405 U.S. 438, 92 S.
Ct. 1029, 31 L. Ed. 2D 349 (1972). In Roe v. Wade, 410 U.S. 113, 93 pp. Ct.
705, 35 L. Ed. 2d 147 (1973), the Court held that a woman has the right to abortion. Since it is an established legal principle that a fetus is not a child, the State cannot arbitrarily interfere with a woman`s decision to have an abortion by placing the well-being of the fetus above her well-being. In order to promote family unity, a number of States have refused to allow lawsuits between parents and children for damages caused by negligence. However, some states have rejected this doctrine, particularly in car accidents. In such cases, it has been considered unfair to allow foreigners to receive insurance benefits when family members are prevented from doing so.