What are the rights of parents?

Parents have a right to direct the care, control, and upbringing of their children for as long as they are minors. This gives them the power to make various decisions on behalf of the child, including where to live, what school to attend, what religion to follow, and what medical treatment to obtain. Normally, the state will not interfere in these decisions. Only in life-threatening or extreme situations will the courts step in to overrule the parents' decisions. For example, if a child might die without the medical care that the parents refuse to provide, a judge may make the child a ward of the state and order that the care be provided. Parents have been prosecuted for withholding medical treatment from seriously ill children. This is true even in situations where parents act out of religious belief.

There may be certain medical procedures that the law allows "mature minors" to decide upon for themselves, even if their parents disagree. For example, parents have no absolute veto power over a minor's decision to use contraceptives or to obtain an abortion. In addition, some states allow children of a certain age to seek mental health treatment or treatment for venereal disease without notification of the parents.

Parents also have the legal authority to control their children's behavior and social lives. Parents may discipline or punish their children appropriately. They may not, however, use cruel methods or excessive force; that constitutes child abuse.

Can parental rights be terminated?

A parent's rights can be terminated if a parent is unfit or has abused or abandoned the child. For example, in In re S.R. (Illinois Appellate Court, 2001), a father was in prison. The court said the man "could be a good father at times," but the court also said that the father had not seen his children for approximately two years, and the record did not indicate the father requested visitation while in prison. During the father's brief period of liberty, he did not provide financial support to the children, and he was unable to rear the minors due to alcohol, drug, and family problems. The court terminated the father's parental rights.

What are the legal rights of children?

Children have a unique status under the law. The law defines children as unmarried persons under the age of majority--usually eighteen--who have not left home to support themselves. The law protects children from abuse and neglect. It also entitles them to the protection of the state. Children may be removed from their home if it is necessary to ensure them a safe, supportive environment. This removal may be temporary or permanent.

Children have a right to be supported by their parents. At minimum, this means food, shelter, clothing, medical care, and education.

The law allows children to sue. However, in most instances an adult legal representative must begin the suit. The representative is often referred to as guardian ad litem for the child, or as next friend.

What are the rights of children who are accused of committing crimes?

Children accused of committing crimes are subject to the juvenile courts of the state in which the crime was committed, rather than the regular criminal justice system. Juvenile courts provide children with only some of the due process safeguards that adults receive. In return, juvenile courts have more freedom to deal with juveniles in an effort to rehabilitate them. In some states, children accused of serious crimes who are above a certain age--such as thirteen--may be tried in court as adults.

How long do parents' legal obligations to their children continue?

Parents are legally responsible for their children until they reach the age of majority (usually eighteen), marry, or leave home to support themselves. In some states, divorced parents may be obliged to pay for a child's college or trade school education. In addition, a parent's duty to support a disabled child might continue for the child's entire life.

Are parents financially responsible for the acts of their children?

The law on this varies from state to state. Some states make parents financially responsible for damage caused by their children, but the states may place limits on the amount of liability. In Illinois , for example, parents or guardians may be required to pay up to $2,500 for the "willful or malicious acts" of minor children who harm another person or property. If there is more damage than that, the child could be sued personally; if child had assets, they could be taken to satisfy the judgment.

Generally, if a child has an auto accident while driving a parent's car, the parent's auto insurance policy will cover the loss to the same extent it would if the parent had been driving the car (although parents usually have to pay higher insurance premiums to cover young drivers). In some states, the law may provide that if a parent knows or should have known that their child has a proclivity toward violent or malicious behavior, the parents may have a duty to take reasonable steps to control the child or give warning to persons the child might harm.

American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association