To support the child is definitely always a moral obligation coupled with legal liability. There can be of little dispute that the biological relationship with the child invariably cast this obligation upon its parents, legally as they are the very cause for its existence. Similarly, this obligation may also be legally created based upon contracts, entered into between the spouses in this regard, who prefer to live together on mutual consent, as husband and wife. Adoption is also an exception to this general rule. Thus, a legal obligation to support a child can be imposed in certain cases where there is otherwise no legal obligation, through biological relationship. Traditionally, this obligation was decided solely based on one’s biological relationship with the CHILD concerned. But the presumption of paternity of a child born, during the period of valid wedlock, cast this obligation upon one, solely based on his legal relationship with the other spouse, concerned. There may be occasions where the non-accessibility of the other spouse, during the requisite period may also absolve of his liability, from supporting the child concerned. “Child support is based on the policy that both parents are obligated to financially support their children, even when the children are not living with both parents” as mentioned in Wikipedia and Family Law courts (Dubay, 1998 and Family Law Courts, 1988).
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But now, the very concept of family itself is subjected to radical changes. Marriage between the same sexes is legalized. One same-sex partner may serve as the egg donor and the other partner may carry the resulting embryo to term and then they may legally depart and also situations such as after conception and in vitro got implanted without the consent of the father, a child is born, etc: may also arise. Under these circumstances, it seems to be more reasonable and practical, that the persons responsible for the birth of a child, rather than the social or family relationship between the two, that should be taken into account while determining and fixing the liability of supporting the child. It may also be borne in mind that a trespasser who has planted a tree in somebody else’s property, should not have any legal right to enjoy its fruit. The 2nd edition of ‘Examples and Explanations of Family law’ includes a discussion of innovative new procedures and professional roles like parenting coordinators, neutral experts, and collaborative law practice (Oliphant & Ver Steegh, 2007, Page 2).
Juvenile Justice & Analysis
In the 2nd edition of “Juvenile Justice Administration”, Field’s discusses the criminal and noncriminal the behavior of children that bring them to Juvenile courts (Field, 2003, Page 2). UN adopted Standard Minimum Rules in 1985 for the Administration of Juvenile Justice recognizing the juvenile’s growing social, physical, and psychological progress and coupled rehabilitation for the correction of those children (Diane & Victor & C. Antoinette, 1899). “Situations may arise in a society where mothers pay child support to custodial fathers in the majority of cases” according to Wayne Parker (Wayne, 2006). According to the “Comparative Analysis of Cross-sectional Surveys” by Bruns and Julie, the survey has covered a thorough study that includes social policy issues concerning family self-motivation, parenting, etc (Bruns & Julie, 2006).
Man is a social animal and the impact of society upon him is also very great. There could be no doubt that a person who happened to have the custody of a child, even without any sort of legal obligations otherwise to support it, is legally bound to look after the child until it is handed over to safety. While deciding the liability of supporting a child, its social aspect should also be taken into account. The child is invariably an asset and an essential part of society. The state also cannot ignore its responsibility of ensuring the well-being of its future citizen. There should be proper and effective methods for protecting and maintaining those children who are ignored or abandoned by their disputing parents, at the expense of the state, until the dispute is legally determined. “Child Protection Act of 2007 promotes a positive outlook for the future of child support enforcement” as quoted by Jennifer Wolf in his Legal Issues statement
Bruns, Julie. American Society of Criminology (ASC), (2006). Incarcerated Fathers Payment of Child Support Obligation. Los Angeles: Web.
Diane E. Hill, Victor L. Streib, C. Antoinette Clarke. (1899) International Juvenile Justice. Web.
Dubay.V. Wells (1998) Wikipedia, Child Support, Web.
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Family Law Courts. Child Support. 1988, Web.
Feld, Barry C. (2003). Juvenile Justice Administration in a Nutshell. St. Paul, MN: West Jennifer Wolf, The Child Support Protection Act , 2007, Web.
Oliphant, R & Ver Steegh, N (2007). Examples & Explanations Family Law, 2nd Edition. New York: Aspen.
Wayne Parker, What You Need to Know About Child Support. 2006, Web.