parent and child

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parent and child,

legal relationship, created by biological (birth) relationship or by adoptionadoption,
act by which the legal relation of parent and child is created. Adoption was recognized by Roman law but not by common law. Statutes first introduced adoption into U.S. law in the mid-19th cent.
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, that confers certain rights and duties on parent and child; in some states the courts have given the nonbiological, nonadoptive partner of a parent standing as a parent in a legal context. Parents are ordinarily obliged to support the child (to provide "necessaries"), and they have the right to his or her custody and control. The father's right was long superior, but courts today, in custody disputes, favor either the father or the mother, whichever is deemed better suited to rear the child. In case of divorcedivorce,
partial or total dissolution of a marriage by the judgment of a court. Partial dissolution is a divorce "from bed and board," a decree of judicial separation, leaving the parties officially married while forbidding cohabitation.
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, custody may be granted to either parent or divided between them. Although courts are reluctant to intervene in family matters, custody may be awarded to other persons or to an institution when neither parent is held fit to perform the duties of parenthood (see guardian and wardguardian and ward,
in law. A guardian is someone who by appointment or by relationship has the care of a person or that person's property, or both. The protected individual, known as the ward, is considered legally incapable of acting for himself or herself; examples are a child
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). The mother of an illegitimate child has the right to its custody; the father usually must contribute to support; legitimationlegitimation,
act of giving the status of legitimacy to a child whose parents were not married at the time the child was born. This is generally accomplished by the subsequent marriage of the parents.
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 occurs when the parents of an illegitimate child marry. Whoever has the lawful custody of a child has the right to control and punish him or her, so long as the means used are not excessive. In some cases when the income of a child is substantial, current earnings can be held in trust until the child reaches adulthood. Emancipation is the dissolution of the parent-child relationship. It may occur if the parents abandon the child, or at the parents' option (but usually not before the child is 18 years old), or when the child marries or attains majority. For the sociological and psychological aspects of the relationship, see familyfamily,
a basic unit of social structure, the exact definition of which can vary greatly from time to time and from culture to culture. How a society defines family as a primary group, and the functions it asks families to perform, are by no means constant.
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References in periodicals archive ?
The factors to be considered in deciding whether a person is in loco parentis include, but are not limited to the following:
Sick child leave is available for a parent (or one in loco parentis - see above discussion pertaining to Grandma's caregiver status) to care for a child under 18, or an adult child substantially limited by a physical or mental impairment.
In 1765 the legal scholar Sir William Blackstone wrote that, when sending kids to school, Dad "may also delegate part of his parental authority, during his life to the tutor or schoolmaster of the child; who is then in loco parentis, and has such a portion of the power of the parents committed to his charge.
In this case, however, Richard assumed an in loco parentis relationship with his granddaughter three days after her birth.
The Supreme Court has also held that schools are not in loco parentis under the law--even though most parents assume they are.
Mercifully, Torbado dispenses with the sordid details of the war and begins his story with young Lisa's departure from La Mancha and her arrival, via the Canary Islands, in sun-drenched, coastal Sidi Ifni, where her aunt and uncle became in loco parentis.
Most directors are familiar with the meaning of the legal term in loco parentis, meaning the director is acting "in the absence of the parents.
The previous Divorce Act had a similar provision, except that it used the Latin phrase in loco parentis, which is simply Latin for in the place of a parent.
LEGALLY, teachers are in loco parentis (in place of parents) and intimate or sexual relationships between teachers and pupils are regarded as a grave breach of trust.
Both teachers and head teachers are responsible for pupils at school and as such they are acting in loco parentis.
In my memory, the demand of the student radical was for the university to stop behaving as if it was my parent, in loco parentis.
In effect, state schools are recognising that their role can no longer be just to educate in the normal sense of the word, but often to be in loco parentis.