With the birth of a child, can expect not only an addition to the family but also a great deal of responsibility and parental duties. In the first few years of life, a child is completely dependent on the help and care of their parents. This special responsibility does not just result from moral obligation.
Maintenance obligation about parental duties
At first glance, the subject of maintenance only plays a role if parents decide to separate. This then comes down to the question of how the maintenance obligations are specifically distributed with parental duties. How is maintenance regulated in detail?
1. Maintenance with joint care
Among other things, this defines who can make maintenance claims under civil law. What does this mean in practice? Straight-line means that children can assert themselves against their parental duties. Brothers and sisters, on the other hand, are not obliged to provide maintenance payments, but can of course take care of them in an emergency voluntarily. The entitlement to maintenance payments exists as long as the dependents cannot ensure their existence.
If parents do not live separately but are responsible for bringing up a child together, the statutory maintenance obligation is sufficient within the framework of maintenance in-kind / care maintenance of the parental duties. Attention: childcare support only applies as long as the offspring is not yet of legal age. If an adult child is entitled to maintenance, for example, due to studies or training, he or she is entitled to cash maintenance.
Important: As soon as a child is available for the labor market, it can be assumed that they will be able to secure their livelihood on their duties. As a result, the maintenance obligation comes to a standstill for the time being.
2. Maintenance with separated parents
In principle are:
- minor children
- adult privileged children
- adult children
- Disabled children
Entitled to maintenance or there may be a maintenance obligation parental duties. This comes to the fore especially in the context of separation of the parents.
In this case, one parent is usually obliged to provide cash maintenance, as the parent providing care usually ensures childcare maintenance. The ability of the parent responsible for maintenance is generally used to calculate the cash maintenance parental duties. In this context, income is decisive. The table can be used to determine relatively quickly which income groups will have to provide which maintenance for which child.
Due to the legal framework, parents not only have the task of securing maintenance for their children. Parental duties should have children
- care for
The last-mentioned aspect in particular often causes misunderstandings and confusion in practice. The keyword here is: Parents are responsible for their children!
Inability to commit offenses in children
The principle applies that the person who caused damage (to people or property) is also financially responsible for this damage. Here, however, an inability to commit a crime is provided. People who have not yet reached the age of seven cannot be held responsible for the damage are duties. In road traffic, the age limit is even extended to the 10th year of life. Until this is reached, the legislature assumes that children lack the necessary mental maturity to assess the consequences of their actions. The more important the supervision of the parental duties.
Health care: What do parents have to consider
Parental duties go far beyond mere maintenance. In principle, so-called parental custody encompasses all possible aspects of caring for people and property. This also covers the subject of health insurance and health.
Failure to provide health care is parental duties
The U-examinations serve for the early detection of serious illnesses and developmental disorders. In principle, there is no obligation to attend these appointments parental duties. But: In some federal states, the authorities ask parents to visit the U-examinations. If this is not done, the authorities can, for example, schedule a home visit to find out about a child’s healthy development.
The measures are even more serious when health care is violated. One example is diseases such as pneumonia, which parents do not suffer from, for example, because of work pressure. If it can be seen that the child’s well-being is at risk, courts have the option of ordering participation in health care. Ultimately, the courts would even have the option of partially parental duties.
Compulsory schooling are parental duties
The school and education system is a matter for the federal states. A fact that also affects compulsory schooling and its structure. For parents, compulsory schooling means that:
Registration for underage children is parental duties
Monitoring participation falls within their area of responsibility and parental duties. Monitoring school attendance, in particular, is not an easy subject in practice to parental duties. Background: A violation of compulsory schooling can occur in this area by the school-age child as well as in the context of monitoring compulsory schooling. This is not always easy to implement, especially with adolescents. But if the authorities find misconduct on the part of the parents, this can – due to the nature of an administrative offense – result in a fine. In the end, there is even the possibility of judicial revocation of custody.