ABA Family Legal Guide

Family Law

Children

Rights and Responsibilities of Parents

What are the rights of parents?

Parents have a right to direct the care, control, and upbringing of their children for as long as they are minors. This gives them the power to make various decisions on behalf of the child, including where to live, what school to attend, what religion to follow, and what medical treatment to obtain. Normally, the state will not interfere in these decisions. Only in life-threatening or extreme situations will the courts step in to overrule the parents' decisions. For example, if a child might die without the medical care that the parents refuse to provide, a judge may make the child a ward of the state and order that the care be provided. Parents have been prosecuted for withholding medical treatment from seriously ill children. This is true even in situations where parents act out of religious belief.

There may be certain medical procedures that the law allows "mature minors" to decide upon for themselves, even if their parents disagree. For example, parents have no absolute veto power over a minor's decision to use contraceptives or to obtain an abortion. In addition, some states allow children of a certain age to seek mental health treatment or treatment for venereal disease without notification of the parents.

Parents also have the legal authority to control their children's behavior and social lives. Parents may discipline or punish their children appropriately. They may not, however, use cruel methods or excessive force; that constitutes child abuse.