NCJ Number
183732
Date Published
1997
Length
12 pages
Annotation
The importance of healthy child-parent relationships in resolving some of of the most pressing social concerns, such as child abuse and neglect, requires consideration of family law issues.
Abstract
Situations frequently arise in which the character of individual child-parent legal relationships must be considered outside the confines of private family life, situations such as divorce, custody disputes, and reports of possible child maltreatment. Although the presumption of parental authority retains primacy, legal thinking is shifting from abstract principles of dominion and equity to practical issues of psychological and emotional attachment that involve determining who has been most important in caring for an individual child. Legal decisions are increasingly focusing on the adequacy of actual care afforded a child when disputes about the child's care arise. If parents do not actively and adequately care for their children, the presumption of their parental authority is deemed to be no longer enforceable. Only by assuring some access to society for all children can adequate care for children be assured by a democratic society. A framework for balancing parental rights of privacy and children's rights to accountability continues to develop. Additionally, mandatory child maltreatment reporting laws, health visitation programs, and public education help assure children's access to general social networks outside the home. When accountability for a child's care must be balanced against parental desire for privacy, any information necessary to determine if a child is physically and mentally safe must be made available. 16 references