By Susan Buckner, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed July 13, 2023
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Raising a child may take a village, but the village starts in the home. Both married and unmarried parents are responsible for raising children in a safe and stable home. What matters is that both parents consider the best interest of the child in making decisions that affect their family.
We'll briefly discuss the four types of parenting and review parenting, family law, and parental rights. The Parenting Legal Tips page contains other useful links for additional information and legal help.
In the 1960s, child psychologist Diana Baumrind proposed three basic parenting types. Later experts added a fourth type:
Authoritarian parents demand obedience from their children and exert high control over them. Children must obey strict rules. Parents use harsh punishment, including corporal punishment, to enforce their rules.
Authoritative parents set less strict boundaries than authoritarian parents. They encourage flexibility and compromise. Rules have clear consequences, not because "I said so."
Permissive parents set few rules and are bad at enforcement. They prioritize keeping their children happy over setting boundaries. Children decide things for themselves, but parents may shield them from serious consequences.
Neglectful parents seem to disregard their children altogether. They are sometimes called "uninvolved" parents and provide little more than food and shelter, if that. These parents may have some underlying mental or physical issues of their own.
Most parents tend towards authoritative parenting. The authoritarian "father knows best" style is no longer the primary parenting style. Families realize it is better to relax control as the children grow older.
Parents must provide their children with the basic necessities of life. The media often reports horrific stories of parents who failed to give their children food, shelter, or clothing, either deliberately or due to untreated mental illness.
Parents can lose child custody or have their parental rights terminated for neglect or abuse. Child neglect includes:
There are available resources for families unable to provide basic necessities for their children. Self-help centers offer support services for new families and those in difficult financial circumstances. Parents who need childcare referrals or other legal advice can get help from these centers.
Many issues surrounding parents and the law arise when two parents separate. Family law cases are the most contentious of all legal matters because children are involved. Custody issues and child support arouse intense emotions in parents, leading to poor decisions. But if both parents remember to keep the children's well-being in mind, it can work out for the best.
Co-parenting describes how parents who live apart raise their children together. It does not have to be an adversarial relationship. Custody cases do not need to be fights over visitation and child support. Here are a few tips to consider for parents who are separating, divorcing, or who live apart:
Not all domestic violence involves spouses. It can involve violence against children. Or it may involve violence by children against their parents or siblings. Domestic violence of these types is confusing for everyone. Sibling abuse is distinguishable from ordinary sibling rivalry. Parents may be afraid to report an abusive child. They may fear losing all their children as abusive or neglectful parents.
The first time a parent suspects a child may be abusing their siblings or acting hostile towards the parents, they should contact an experienced family psychologist. Don't wait until things have spiraled out of control. Help is available for these rare and frightening situations.
Termination of parental rights may be voluntary or involuntary. Parents most often terminate their parental rights when surrendering their child for adoption. This process begins before the child is born and is a decision the parents make in the child's best interest. During the process, the parents have the right to maintain a relationship with the child and the adoptive parents.
The courts handle involuntary termination. Each state has guidelines for the involuntary termination of parental rights. The court will determine that the parent can no longer provide for the child's welfare, and the state will step in. Grounds for involuntary termination may include:
The courts will not terminate parental rights without due process. Courts attempt to locate absent parents. Incarcerated parents may return to court and be given counsel if they wish to maintain contact with their children.
However, children should have the support and guidance of both parents. If both parents cannot provide it, the court acts as the child's parent.
If you have other questions about parenting law, you should contact a family law attorney in your area. General information is available from family law services. An attorney can answer your specific questions and explain state law on adoption, divorce, and your duties as a parent.
Get tailored family law advice and ask a lawyer questions. Many attorneys offer free consultations.