Although many people believe that child support ends at the age of 18 recent US Census data shows that 21.6 million members of the “Millennial Generation” (ages 18-31) lived in their parents’ home in 2012.
what rights do parents have over 18 year-olds
Once a child turns 18, they are considered an adult in the eyes of the law. However, parents may still retain certain rights and responsibilities in regard to their adult children, especially in the context of family educational rights, legal implications, and legal decisions.
For instance, under the Family Educational Rights and Privacy Act (FERPA), parents may retain access to their child’s educational records if the child is still enrolled in school, even after they turn 18. However, once the child reaches 18, they are legally entitled to make decisions about who can access their information. This can create a shift in how parents engage with their child’s educational matters.
As for legal rights and obligations, parents generally no longer have financial responsibility for a child once they turn 18, unless the child is still attending school or has specific needs (such as a disability). However, if there are ongoing legal implications regarding custody, child support, or health care decisions, those can still be affected by family law provisions. For example, if the child is still in high school, a parent may still be legally responsible for supporting their child through the completion of their education.Legal decisions about a child’s life, such as medical care or living arrangements, will be determined by the child once they are an adult. However, parents may still play a role, particularly in cases where the child may be unable to make certain decisions due to incapacity or special needs. In such cases, parents might need to pursue legal avenues such as guardianship to continue making decisions on behalf of their child.
More Adults Living At Home
A Pew Research Center analysis of U.S. Census Bureau data shows that 36 percent of millennials live with their parents. This begs the question, if kids are still living at home past the age of 18 are both parents still responsible for supporting them via child support?
Legal Documents
Legal documents are written instruments that have legal significance and are enforceable by law. These documents help define the rights, obligations, and responsibilities of the parties involved. They can range from contracts to court orders, and each document serves a distinct purpose. Here’s a breakdown of common legal documents:
- Contracts: Formal agreements outlining terms between parties (e.g., rental, business).
- Court Orders: Legal directives by a judge, covering custody, support, or restraining orders.
- Marriage and Divorce Certificates: Official records of marriage or divorce status.
- Attorney Documents: Legal papers drafted or reviewed by an attorney to ensure proper legal standing and compliance.
Education Records
Education records are important legal documents that contain information about a student’s academic history. Access to these records typically requires written consent from the student or their legal guardian. Legal paperwork is necessary to ensure compliance with privacy laws like the Family Educational Rights and Privacy Act (FERPA), which holds schools accountable for protecting a student’s information.
Health Insurance Portability
Health insurance portability refers to the ability to transfer health insurance coverage without losing benefits, especially in the case of a job change or moving to a new state. However, when it comes to medical power and making decisions for a loved one, it is essential to establish legal rights in advance. If someone becomes mentally incapable of making decisions, a medical power of attorney can allow a trusted individual to make medical decisions on their behalf.
In situations where medical decisions need to be made, parents or guardians may still retain access to medical information, especially for minors or adults who are incapacitated. The bank accounts of a mentally incapacitated individual may also be managed by a designated individual if proper legal steps are taken, ensuring that their finances and medical needs are addressed appropriately. Therefore, securing these rights through proper legal documentation is essential for ensuring continuous care and protection.
Adult Child
Legal documents are crucial when making decisions for an adult child, especially concerning life-extending medical treatment and other important matters. Parents may need to notify parents or family members if their adult child is unable to make decisions. In cases where the adult child is ready for independent life, disciplinary records and other sensitive information are protected under the Accountability Act to ensure proper management. Parents should stay informed about their child’s rights and responsibilities through the proper legal channels.
Questions to discuss as part of your support agreement
If you have young children today it may seam like this is a lifetime away but it is best to discuss these things now and get a legal agreement before the time comes and the opinions of supporting your young adult differs with the other parent.
Some things to consider when having the conversation:
- When will child support end?
- Will the end date be based on the child’s age? economic standing? education attainment?
- Are both parents responsible for college expenses?
- What if the child decides to pursue a post-graduate education? Who, if any, is responsible for those costs?
- What if the child is unable to find employment after college graduation? Who, if any, is responsible for those costs?
- Who will provide medical coverage for the child after the age of 18?
- What if the child does not return home but can not fully support themselves when they live on their own?
Read more about these living trends here: Pew Social Trends