Table of Contents

Parental and Quasi-Parental Authority: Legal Responsibilities and Limitations in Tort Law

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Table of Contents

OVERVIEW

In this topic we are going to see two topics which are named parental and quasi-parental authority, with their key aspects so, let us begin with briefly.

PARENTAL AUTHORITY

The term parental authority refers to that authority in which the parents have some responsibility and legal rights over their children. This authority encompasses some duties over their children to develop them for their bright future and their welfare.

Now let us see some of its key aspects,

  • Parents have the right to take custody of their wards to take responsibility for their daily lifestyle which includes all necessities of children, like education, clothing, food, shelter, etc.
  • Parents have the right to make decisions for their wards, which include education, living style, health care, etc.
  • Parents have also the right to take their children discipline by binding them with laws Which they can make to teach their wards for good and moral life.
  • Parents are legal representatives of the children, they can make decisions in legal matters on behalf of their wards.

LIMITATIONS

There are limitations also, let’s see.

  • The authorities which have been given to parents should be used for the best life of their children.
  • Sometimes if the parents do not use their authorities in their respective manner or abuse their wards then the state can intervene and it can lead to limitations on parental authority.

QUASI-PARENTAL AUTHORITY

The term quasi parental authority is the same as parental authority but it has a small difference which is that the responsibility and legal rights over children are not performed by the biological parents, all these responsibilities and duties are done by another person. It can be guardians, foster parents, and other people who are assumed to be the parents of a child.

Now, let us see its key aspects which include,

  • A guardian is a quasi-parent of children who are legally hired to take care of a child and can make decisions on behalf of their parents, where the parents are not fit or unable to do such things.
  • Foster parents take quasi-parental authority in which they take care of children and fulfill their basic needs and other essentials of life. They live with children in their houses which is guaranteed by the state. They have no legal rights like biological parents but they are responsible for taking care of the children for their welfare.
  • In this authority teachers, caregivers, etc have responsibilities, and duties to take care of and to be assumed parents temporarily.

LIMITATIONS

There are some limitations also which include,

  • This authority is temporary and limited within specific areas, like education, and the period of Guardianship.
  • The extension of quasi-parental authority is defined by the law and courts.
  • The act of quasi-parental should be done for the best interest of a child.

CONCLUSION

So, at the end of this topic, we have learned that parental authority is a comprehensive set of duties and responsibilities which gives to take care of their wards and to give them such development for growing up in the future, whereas quasi-parental authority is a set of duties and responsibilities which is done by non-parents through some legal mechanism.

REFERENCES

https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://lawbhoomi.com/parental-and-quasi-parental-authority-under-law-of-torts/%23:~:text%3DThe%2520main%2520important%2520point%2520in,to%2520other%2520person%2520or%2520authority.&ved=2ahUKEwjcxbXumN6GAxX2cmwGHRhhCX0QFnoECBIQBQ&usg=AOvVaw2K1SuAaL3x-h5tikJ_8LyB

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