What is meant by Shared Parental Responsibility in Family Law?
Divorce cases that involve child custody are typically ugly. They involve a lot of legal complexities that require the help of a professional. The legal responsibility of a parent does not end if he or she loses custody of the child. Laws in that US state that both parents are responsible for the upbringing of the child until he or she has attained adulthood. In legal terms, this is known as shared responsibility – an aspect of family law that we will delve into in some detail here.
Shared Responsibility in Family Law
The biological mother and father of the minor child are legally responsible for his or her upbringing unless a court order specifically forbids one or both of the parents for a certain reason. Family law in the US places heavy emphasis on a shared responsibility agreement between the parents that lays out the specific responsibilities of each parent regarding the minor child.
Both parents must agree to share equal responsibility in the upbringing of the child. However, if they are not able to reach a mutual agreement regarding the child, they can file a case in the court. The order of the court is legally binding on the parents, and must be implemented without recourse.
When deciding a shared responsibility case, the court makes the decision that is in the best interest of the child. The parents must be willing to share a daily schedule pertaining to the child. They are legally required to communicate and inform each other about important life events of the child. In addition, they need to share all financial responsibility for the child.
How Long Do Legal Requirements of Shared Responsibility Last?
The legal requirement of shared responsibility of a child lasts until he or she has reached a certain age. Once the child is mature enough, family laws grant legal permission to the child to submit a preference for a parent that he or she feels comfortable making life decisions. The court will look at the preferred parent’s history of domestic violence, financial situation and other factors before granting approval of the request.
On a final note, an attorney’s help can prove invaluable in cases involving shared responsibility of a child. The family law attorney knows the intricacies involved in such cases, and how to expertly navigate the local state laws in the best interest of the client.