7500-7507: Rights of Parents
Parenting comes with profound responsibilities, but it also includes specific legal rights, especially when it comes to the care, custody, and financial interactions between parents and their minor children. In California, these rights are outlined in Family Code Sections 7500 to 7507, providing clarity on the extent and limits of parental authority. While legal texts can often feel daunting, the essence of these codes is deeply rooted in protecting children while maintaining fair parental rights.
Equal Rights to a Child’s Services and Earnings
Family Code 7500 makes it clear that both the mother and the presumed father of an unemancipated minor child share equal rights to any services and earnings the child may provide. However, if one parent is absent, unable, or unwilling to take custody, the other parent can solely claim those earnings. A key exception applies if the child has a professional contract, such as in entertainment or sports, which falls under another specific legal category.
Relocation and Custody
Section 7501 addresses a parent’s right to change their child’s place of residence. While a custodial parent has this right, the court retains the authority to block a move that might harm the child’s welfare. This ensures that a child’s best interests remain central, especially in cases involving custody disputes or post-divorce parenting arrangements. The code also embraces a legal precedent from a notable California Supreme Court case, which supports the idea that relocation should not automatically be seen as harmful unless proven otherwise.
Parental Control Over a Child’s Property
Section 7502 underscores a boundary that might surprise some. While parents hold significant sway over many aspects of a child’s life, they do not have automatic control over a child’s property. This distinction ensures that any personal property a child legally owns is safeguarded from potential misuse or mismanagement by a parent.
How Employers Handle a Minor’s Earnings
Under Section 7503, an employer is required to pay a minor’s wages directly to the child. However, this rule shifts once a parent or guardian gives formal notice that they are entitled to collect those earnings. This code bridges the gap between recognizing a minor’s growing independence and a parent’s role in managing financial affairs.
Relinquishing Parental Rights
Family Code 7504 introduces an important concept: a parent may choose to give up their right to control their child or to receive the child’s earnings. Notably, abandonment by the parent is seen as strong evidence that this relinquishment has occurred, a factor that can play a critical role in custody or guardianship decisions.
When Parental Authority Ends
Section 7505 outlines the conditions that naturally end a parent’s legal authority over their child. This occurs if the court appoints a guardian, the child gets married, or the child turns 18 and reaches legal adulthood. These milestones mark significant shifts in the legal dynamics between parent and child.
Living With Parents After 18
Section 7506 covers situations where an adult child continues to live with and be supported by their parents. Unless there is a formal agreement, neither the parent nor the adult child can expect compensation for services or support. This rule prevents misunderstandings in extended family living arrangements.
Addressing Abuse of Parental Authority
Finally, Section 7507 ensures that abuse of parental authority does not go unchecked. If a parent misuses their power, a child, their close relatives, or even county officials can bring a civil case. If abuse is confirmed, the court can free the child from the parent’s control and enforce support obligations.
Key Takeaways
- Parents share equal rights to a minor’s services and earnings, unless legally excluded.
- Custodial parents may relocate with a child, but courts can intervene for the child’s welfare.
- Parents have no automatic control over a child’s property.
- Minors’ wages go directly to them unless a parent claims them formally.
- Abandonment by a parent can lead to relinquished rights.
- Parental authority ends upon guardianship, marriage, or majority.
- Support relationships after majority require an agreement for compensation.
- Legal action can address parental abuse, with courts empowered to enforce support or education.
California Family Code Sections 7500 through 7507 provide a framework that balances parental rights with child protections. They affirm that while parents have key roles and certain entitlements regarding their children’s welfare and finances, these rights are not absolute. The law draws clear lines around property, employment income, and authority transitions as children mature, and it offers legal remedies when a parent’s authority is misused. For families navigating these complexities, understanding these rights helps foster healthier, legally sound relationships.