This page talks about parental rights and duties and how they can be modified.
For parents in high conflict timesharing or custody disputes, the question of parental rights regularly surfaces. As new boundaries and routines are established, a parent may wonder whether their rights are being violated or whether they will “get into trouble with the court” because they have violated the parental rights of the other party.
What are parental rights?
Florida’s public policy recognizes parental rights to include:
- Have meaningful interaction with their child
- Enjoying in the rearing of a child
- To not have one parent make disparaging comments about the other parent in such a manner so as to sabotage the relationship between the parent and the child
- Having frequent communication with a child
- Participating in medical, educational and religious decisions
- The right to decide whether a child may join the military
What are parental duties?
Until a child reaches majority or is emancipated, generally a parent has a duty do the following:
- Feed a child
- Provide clothing
- See to their education
- Seek medical care when necessary (this includes immunizations)
What happens when a parent violates the other parent’s rights or neglects their duties?
A court of law can always modify a parent’s rights. If parents are separated or divorced, a court may find that one parent is not fulfilling their responsibilities or that the parent has violated the rights of the other party and order that custody or the parenting plan be modified. Where both parents have neglected their parental duties, the State can step in and intervene on behalf of the children through dependency proceedings.
What if my parental rights are being violated?
In high conflict disputes, one party may infringe on the parental rights of another party. Emotions run high and sometimes a person who is violating another party’s parental rights is oblivious to their error. In these situations, a family law attorney can advise you about your rights and duties. At South Florida Legal Rescue, the firm focuses only on family law and can help you with your legal needs. Call today at 561-303-0400 or schedule an online appointment – CLICK HERE.