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Parenthood
Parent v. Child

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When the wishes of a parent and a child conflict, who wins?

In re Child Of: D. C., 2000 Minn. App. LEXIS 1141, the court held that when the interests of a parent and a child are at odds, the child's rights win out. However, deciding what each party's interests are and the relative strength of those interests is not always cut and dry.

What if a child does not like his parents methods of discipline or would rather live with someone else? Who wins here and why?


Youth Bill of Rights

The Right to Liberty:

No youth or child shall be forced to live in any household against his or her will - this includes biologic as well as foster and adoptive families. No person shall be forced
into marriage. No child or youth shall be institutionalized against her or his will without due process rights. The right to freedom from forced institutionalization includes the right to freedom from military conscription.

The Right to Safety:

All young people shall have the right to safe haven on request, without fear of criminal charges. We support sanctuary for youth.

The Right to Survival:

All youth shall have the right to adequate food, shelter, medical care and a healthy environment. We support a free national health care system for children which is not dependent on parental income nor parental permission. We support full employment and living wage rights for workers, and a guaranteed income for those unable to work, so that families need not be torn apart by poverty. Pay differentials based on age shall be abolished. All young persons shall have the right to emergency services including welfare services regardless of the status of their
guardians.

The Right to Education:

All youth shall have the right to a free education - including college and technical schools - at public expense. Programs must be free of cultural, racial or gender bias in all respects.

The Right of Free Speech:

All young people shall have the right of free speech. This includes both in personal expression and in school-based and public media.

The Right of Non-Discrimination:

We support all efforts to end curtailment of the potential and self-esteem of any youth. No child shall be discriminated against on the basis of age, race, gender,
language, country of origin, economic or marital status of parents, religious affiliation, sexual orientation, or physical or mental limitations or differences.

The Right of Free Choice:

No youth or child shall be either forced or forbidden to choose a religious or political affiliation, philosophy or creed.

The Right to an Attorney:

All young persons shall have the right to legal representation whereby attorneys act as an attorney for - rather than guardian of - their clients.

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Related Links:

Whose Best Interests?

Your Child's Abortion:Causeway Medical Suite

Conflict Resolution

Child's Right to Privacy v. Parent's Right to Know

Bibliography

*Friedman, Scott E. (1992). The Law of Parent-Child Relationships: A Handbook. Illinois: American Bar Association

*Jacob, Norma. (1977). Parent and Child in the Courts of the United States.