What Rights Do Parents Have Over 18 Year-Olds?

2023-09-03

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When a child turns 18, they are considered a legal adult in most jurisdictions. This means that they have the same rights and responsibilities as other adults, including the right to make their own decisions about their life.

However, this does not mean that parents no longer have any rights over their adult children. In some cases, parents may still have a legal right to make decisions for their adult child, such as if the child is incapacitated or has a mental illness.

In this article, we will discuss the rights that parents have over their adult children, and the circumstances in which these rights may be exercised.

what rights do parents have over 18 year-olds

Parents' rights over adult children vary by jurisdiction. Generally, parents have no legal right to make decisions for their adult child, unless the child is incapacitated or has a mental illness.

Right to consent to medical treatment (in some cases)
Right to make financial decisions (in some cases)
Right to access child's educational records (in some cases)
Right to be notified of child's arrest or detention
Right to seek visitation with child (in some cases)
Right to petition for guardianship (in some cases)
Right to inherit child's property (in some cases)
Right to be involved in child's life (in some cases)

These rights may be limited or expanded depending on the specific circumstances of the case.

Right to consent to medical treatment (in some cases)

In most jurisdictions, parents do not have the right to consent to medical treatment for their adult child, even if the child is incapacitated. However, there are some exceptions to this rule.

Emancipated minors: In some jurisdictions, minors who are emancipated (meaning they are legally independent from their parents) may have the right to consent to their own medical treatment.
Incapacitated adults: If an adult is incapacitated and cannot make their own medical decisions, their parents may have the right to consent to treatment on their behalf. This is typically the case if the adult has a mental illness or a severe disability.
Emergency situations: In an emergency situation, where there is no time to obtain the adult's consent, their parents may have the right to consent to medical treatment on their behalf.
Specific medical procedures: In some cases, state laws may give parents the right to consent to specific medical procedures for their adult child, even if the child is not incapacitated. For example, some states allow parents to consent to mental health treatment for their adult child.

It is important to note that these rights may vary depending on the specific jurisdiction. Parents who are unsure of their rights should consult with an attorney.

Right to make financial decisions (in some cases)

In most cases, parents do not have the right to make financial decisions for their adult child, even if the child is incapacitated. However, there are a few exceptions to this rule.

Emancipated minors: In some jurisdictions, minors who are emancipated (meaning they are legally independent from their parents) may have the right to make their own financial decisions.
Incapacitated adults: If an adult is incapacitated and cannot make their own financial decisions, their parents may have the right to make financial decisions on their behalf. This is typically the case if the adult has a mental illness or a severe disability.
Court-ordered guardianship: If an adult is incapacitated and does not have a legal guardian, a court may appoint a guardian to make financial decisions on their behalf. The guardian may be a parent, a family member, or a professional guardian.
Durable power of attorney: An adult can create a durable power of attorney that gives someone else the authority to make financial decisions on their behalf in the event that they become incapacitated. This document can be used to give parents the right to make financial decisions for their adult child.

It is important to note that these rights may vary depending on the specific jurisdiction. Parents who are unsure of their rights should consult with an attorney.

Right to access child's educational records (in some cases)

In most jurisdictions, parents do not have the right to access their adult child's educational records without the child's consent. This is because the child is considered to be an educational adult and has the right to privacy.

FERPA: The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student educational records. FERPA generally prohibits schools from releasing student records to anyone other than the student themselves, without the student's consent.
Exceptions to FERPA: There are a few exceptions to FERPA that allow parents to access their adult child's educational records without the child's consent. These exceptions include:
- If the student is a dependent for tax purposes
- If the student is under a court order that allows the parent to access the records
- If the student is receiving special education services
- If the school has reasonable cause to believe that the student is a victim of abuse or neglect
State laws: Some states have laws that allow parents to access their adult child's educational records, even if the child is not a dependent for tax purposes. These laws vary from state to state.
Parental rights agreements: Some colleges and universities have parental rights agreements that allow parents to access their child's educational records, even if the child is over 18. These agreements are typically voluntary and must be signed by both the parent and the child.

Parents who are unsure of their rights to access their adult child's educational records should consult with an attorney.

Right to be notified of child's arrest or detention

In most jurisdictions, parents have the right to be notified if their adult child is arrested or detained. This right is based on the idea that parents have a legitimate interest in the welfare of their child, even after the child reaches the age of majority.

The right to be notified of a child's arrest or detention is typically enshrined in state law. The specific requirements of the law vary from state to state, but generally speaking, the police are required to make a reasonable effort to notify the parents of an adult child who has been arrested or detained.

There are a few exceptions to the right to be notified of a child's arrest or detention. For example, the police may not be required to notify the parents if:

The child is arrested for a minor offense.
The child is arrested as part of a sting operation.
The child is arrested and released without being charged.
The child is arrested and held incommunicado for security reasons.

In most cases, the police will notify the parents of an adult child's arrest or detention by phone or in person. However, the police may also use other methods of notification, such as email or registered mail.

Parents who are not notified of their child's arrest or detention should contact the police department or jail where their child is being held. They may also need to provide proof of their identity and their relationship to the child.

It is important to note that the right to be notified of a child's arrest or detention does not give parents the right to interfere with the police investigation or to speak to their child while they are in custody.

Right to seek visitation with child (in some cases)

In most jurisdictions, parents do not have the right to seek visitation with their adult child, even if the child is not living with them. This is because the child is considered to be an independent adult with the right to make their own decisions about who they want to see.

However, there are a few exceptions to this rule. In some cases, a parent may be able to seek visitation with their adult child through the courts. This may be possible if:

The child is incapacitated and cannot make their own decisions.
The parent has a history of close and loving relationship with the child.
The visitation would be in the best interests of the child.

If a parent wants to seek visitation with their adult child, they will need to file a petition with the court. The court will then hold a hearing to determine whether visitation is appropriate. The court will consider all of the relevant factors, including the child's wishes, the parent's relationship with the child, and the potential benefits and risks of visitation.

Even if the court grants visitation, the parent may still have to follow certain restrictions. For example, the court may order that the visitation take place at a neutral location, or that the parent be supervised during the visitation.

Parents who are considering seeking visitation with their adult child should consult with an attorney to discuss their rights and options.

Right to petition for guardianship (in some cases)

In some cases, a parent may have the right to petition the court for guardianship of their adult child. This may be necessary if the child is incapacitated and cannot make their own decisions.

Incapacity: In order to be eligible for guardianship, the adult child must be incapacitated. This means that they must be unable to make their own decisions about their personal care or financial affairs.
Standing: In most jurisdictions, only certain people have the right to petition for guardianship. This typically includes parents, spouses, and adult children. In some cases, other relatives or friends may also be able to petition for guardianship.
Best interests of the child: The court will always consider the best interests of the child when making a decision about guardianship. This includes the child's wishes, their relationship with the petitioner, and the potential benefits and risks of guardianship.
Duties of the guardian: If the court grants guardianship, the guardian will have the legal authority to make decisions on behalf of the adult child. This may include decisions about the child's medical care, financial affairs, and living arrangements.

The process for petitioning for guardianship can be complex and time-consuming. Parents who are considering seeking guardianship of their adult child should consult with an attorney to discuss their rights and options.

Right to inherit child's property (in some cases)

In most jurisdictions, parents have the right to inherit their child's property if the child dies without a will. This right is based on the principle of intestacy, which governs the distribution of property when someone dies without a will.

Intestacy laws: Intestacy laws vary from state to state, but they typically give priority to the deceased person's closest relatives. In most cases, the parents are the closest relatives, so they will inherit the child's property if the child dies without a will.
Surviving spouse: In some states, the surviving spouse may have a right to inherit all or a portion of the child's property, even if the child had children of their own. This is known as the "elective share."
Pretermitted heirs: In some states, children who are born or adopted after a will is made may be entitled to inherit a portion of the deceased person's property, even if they are not mentioned in the will. This is known as the "pretermitted heir" rule.
Creditors: If the child has any outstanding debts at the time of their death, the creditors may have a right to make a claim against the child's estate. This means that the parents may not inherit all of the child's property.

Parents who are concerned about inheriting their child's property should encourage their child to create a will. A will allows the child to specify who they want to inherit their property and how they want their property to be distributed.

Right to be involved in child's life (in some cases)

In most cases, parents do not have the legal right to be involved in their adult child's life. This is because the child is considered to be an independent adult with the right to make their own decisions.

However, there are a few exceptions to this rule. In some cases, a parent may have the right to be involved in their adult child's life if:

The child is incapacitated and cannot make their own decisions. In this case, the parent may have the right to make decisions on behalf of the child, such as decisions about their medical care, financial affairs, and living arrangements.
The parent has a history of close and loving relationship with the child. In some cases, the court may order that the parent be allowed to have visitation with the child, even if the child is over 18.
The child is receiving government benefits. In some cases, the government may require the parent to be involved in the child's life in order to continue receiving benefits.

Even if a parent has the legal right to be involved in their adult child's life, the child may not always be willing to cooperate. In these cases, the parent may need to find other ways to stay connected with their child, such as through letters, phone calls, or social media.

Parents who are struggling to maintain a relationship with their adult child should seek professional help. A therapist can help the parent to understand their child's perspective and to develop strategies for communicating with their child in a healthy way.

FAQ

Here are some frequently asked questions about the rights of parents over their adult children:

Question 1: Do parents have any legal rights over their adult children?

Answer 1: In most cases, parents do not have any legal rights over their adult children. This is because adult children are considered to be independent individuals with the right to make their own decisions.

Question 2: Are there any exceptions to the rule that parents have no legal rights over their adult children?

Answer 2: Yes, there are a few exceptions to the rule. For example, parents may have the right to make decisions for their adult child if the child is incapacitated or has a mental illness. Parents may also have the right to be involved in their adult child's life if they have a history of close and loving relationship with the child.

Question 3: What rights do parents have over their adult child's medical treatment?

Answer 3: In most cases, parents do not have the right to consent to medical treatment for their adult child, even if the child is incapacitated. However, there are some exceptions to this rule. For example, parents may have the right to consent to treatment if the child is emancipated or if the child has a mental illness.

Question 4: What rights do parents have over their adult child's financial affairs?

Answer 4: In most cases, parents do not have the right to make financial decisions for their adult child, even if the child is incapacitated. However, there are some exceptions to this rule. For example, parents may have the right to make financial decisions if the child is emancipated or if the child has a mental illness.

Question 5: What rights do parents have over their adult child's educational records?

Answer 5: In most cases, parents do not have the right to access their adult child's educational records without the child's consent. However, there are some exceptions to this rule. For example, parents may have the right to access the records if the child is a dependent for tax purposes or if the child is receiving special education services.

Question 6: What rights do parents have over their adult child's property?

Answer 6: In most cases, parents do not have the right to inherit their adult child's property if the child dies without a will. However, there are some exceptions to this rule. For example, parents may have the right to inherit the property if the child is emancipated or if the child has a mental illness.

Question 7: What can parents do to stay involved in their adult child's life?

Answer 7: There are a few things that parents can do to stay involved in their adult child's life. These include: talking to the child regularly, visiting the child often, and being supportive of the child's decisions.

It is important to remember that the rights of parents over their adult children vary from state to state. Parents who are unsure of their rights should consult with an attorney.

In addition to the information provided in the FAQ, here are some tips for parents who want to maintain a healthy relationship with their adult children:

Tips

Here are some tips for parents who want to maintain a healthy relationship with their adult children:

Tip 1: Communicate openly and honestly.

Talk to your adult child regularly about your feelings, thoughts, and concerns. Be honest with your child, even if it is difficult. Listen to your child's point of view and try to understand their perspective.

Tip 2: Respect your adult child's independence.

Remember that your adult child is an independent individual with the right to make their own decisions. Respect your child's choices, even if you do not agree with them. Avoid trying to control your child's life or telling them what to do.

Tip 3: Be supportive of your adult child.

Be there for your adult child when they need you. Offer your support and encouragement, both emotionally and financially. Let your child know that you love them unconditionally, even if you do not always agree with their choices.

Tip 4: Set boundaries.

It is important to set boundaries with your adult child. This means letting your child know what behaviors you will and will not tolerate. For example, you may set boundaries around topics that you do not want to discuss with your child, or around behaviors that you find disrespectful.

Maintaining a healthy relationship with your adult child takes effort and compromise. By following these tips, you can help to build a strong and lasting relationship with your child.

Remember, the most important thing is to love and support your adult child, even if you do not always agree with their choices.

Conclusion

In general, parents do not have legal rights over their adult children. However, there are some exceptions to this rule. For example, parents may have the right to make decisions for their adult child if the child is incapacitated or has a mental illness. Parents may also have the right to be involved in their adult child's life if they have a history of close and loving relationship with the child.

The most important thing for parents to remember is that their adult children are independent individuals with the right to make their own decisions. Parents should respect their child's independence and be supportive of their child's choices, even if they do not always agree with them.

Maintaining a healthy relationship with an adult child takes effort and compromise. By communicating openly and honestly, respecting your child's independence, being supportive, and setting boundaries, you can help to build a strong and lasting relationship with your child.