In the United States, minor rights under family law vary somewhat by state but are generally governed by federal constitutional principles and state-level statutes. A minor is typically defined as someone under the age of 18.
Right to Parental Care and Support
Minors have the right to be cared for, housed, fed, and educated by their parents or legal guardians.
Parents are legally responsible for their children until they turn 18 or are emancipated.
Right to Education
- All minors have a right to free public education (usually until age 18 or high school graduation).
- They may also have a right to receive special education services if they have disabilities.
Medical Decision-Making Rights
- Parents or legal guardians typically make medical decisions for minors.
- However, in many states, minors may consent to certain medical treatments, including:
- Emergency care
- Birth control and STD treatment
- Mental health services
- Substance abuse treatment
- Prenatal care or abortion (state laws vary)
5. Right to Be Heard in Family Court
- In custody disputes, older minors may have a right to express their preferences about where they want to live.
- Judges may take their opinions into account depending on their age and maturity.
6. Emancipation Rights
- Some minors can become legally independent before age 18 through emancipation, allowing them to:
- Live separately from parents
- Sign contracts
- Make medical and educational decisions
- Emancipation typically requires a court process and proof of self-sufficiency.
7. Marriage Right:
- Minors can marry in some states with parental consent and/or court approval.
- Laws vary widely by state and are becoming stricter in many places.
8. Employment Rights
- Minors can work with some restrictions (especially under age 16), subject to child labor laws.
- There are limits on the number of hours and types of jobs they can do.
9. Criminal Justice Protections
- Juvenile courts typically handle cases involving minors.
- They have rights similar to adults (e.g., right to legal counsel), but proceedings are usually less formal and more focused on rehabilitation.
