By FindLaw Staff | Legally reviewed by Heather Biddle, Esq. | Last updated December 28, 2022
While parents have the right to make important decisions about their children's lives, they also have certain legal duties. Parents are legally required to support their minor children. Supporting your children includes providing food, clothing, shelter, and basic care. Failing to provide for your children can lead to neglect or abuse charges in most states.
But how long do parents' legal obligations to their children continue? The following article explores this important question.
Parental obligations typically end when a child reaches the age of majority, which is 18 years old in most states. However, check the laws of your state, as the age of majority can be different from one state to the next.
The duration of parental obligations may extend beyond the age of majority if a child is disabled. There are also certain circumstances in which such obligations can be terminated before a child reaches the age of majority.
Many parents choose to continue to support their children after the age of majority, such as while the child attends college. The federal government expects parents to contribute to their children's education and calculates financial aid based on parental income. Federal financial aid doesn't consider a parent who doesn't want to pay for college, even if the student no longer lives at home, to be a sufficient reason to consider the student independent.
Emancipation is a means by which parental obligations can be terminated before a child reaches the age of majority. It's the legal process that allows a minor to assume responsibility for their own welfare. When a child becomes emancipated, their parents are no longer legally obligated to support the child.
In some states, emancipation is automatic in certain circumstances, even though the minor is under the age of majority. For example, joining the armed forces or getting married may lead to emancipation. If your child marries or joins the military, you're no longer legally responsible for their welfare.
Minors seeking emancipation must file a petition with the court and meet certain state-specific criteria. When making an emancipation determination, courts often consider the best interests of the child and their level of maturity.
Parental duties don't end with divorce. In many states, divorced parents are required to pay child support in order to cover their children's basic needs. Generally speaking, parents' legal obligations last -- and child support payments continue -- until the child reaches the age of majority. However, in certain circumstances, support obligations can be modified or even prematurely terminated.
To modify a child support arrangement, a parent generally must show that their financial circumstances have changed and that paying the previously ordered amount is no longer possible. Losing your job, becoming seriously injured, suffering a drop in income, or a change in marital status or number of children can all make child support modification necessary. If your life circumstances change, you may want to petition the court for a change in your child support obligation.
Stepparents have no legal duty to provide for stepchildren unless the stepparent legally adopts their stepchild.
The legal process of emancipation can be confusing depending on the laws of your state and the type of parental status involved. If you're a minor who is seeking emancipation, it might be wise to speak with an attorney. To fully understand the emancipation process, including parental rights and responsibilities, you may wish to contact a local family law attorney who can help answer your questions.
Contact a qualified family law attorney to make sure your rights are protected.
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