Rights Of Parents - Parent And Child Relationship - CA Family Law

Section § 7500

Both parents generally have the right to the services and earnings of their unemancipated minor child, as long as the father is recognized legally as per specific criteria. If one parent is out of the picture due to death, inability, refusal to take custody, or abandonment, then the other parent takes full entitlement to the child's services and earnings. However, this does not cover earnings from certain types of child contracts outlined elsewhere.

(a) The mother of an unemancipated minor child, and the father, if presumed to be the father under Section 7611, are equally entitled to the services and earnings of the child.

(b) If one parent is dead, is unable or refuses to take custody, or has abandoned the child, the other parent is entitled to the services and earnings of the child.

(c) This section shall not apply to any services or earnings of an unemancipated minor child related to a contract of a type described in Section 6750.

unemancipated minor services and earnings parental rights presumed father Section 7611 custody abandonment dead parent contract exclusions Section 6750

(Amended by Stats. 1999, Ch. 940, Sec. 8. Effective January 1, 2000.)

Section § 7501

If you have legal custody of your child, you can change where they live. However, the court can stop you if moving them would harm their rights or well-being. In addition, California follows a court case decision, known as In re Marriage of Burgess, as a guiding rule for such matters.

(a) A parent entitled to the custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.

(b) It is the intent of the Legislature to affirm the decision in In re Marriage of Burgess (1996) 13 Cal.4th 25, and to declare that ruling to be the public policy and law of this state.

child custody change of residence parental rights welfare of the child court's power relocation parent's entitlement public policy In re Marriage of Burgess judicial restraint custodial parent child's rights

(Amended by Stats. 2003, Ch. 674, Sec. 1. Effective January 1, 2004.)

Section § 7502

Parents do not have the authority to manage or control their child's belongings or assets.

The parent, as such, has no control over the property of the child.

parental control child property child assets parental authority ownership rights child belongings property management child independence guardian limitations parental limits

(Added by Stats. 1993, Ch. 219, Sec. 165. Effective January 1, 1994.)

Section § 7503

If a minor has a job, their employer must give the minor their paycheck. However, if the parent or guardian gives written notice that they want to receive the minor’s earnings, the employer must then pay them instead.

The employer of a minor shall pay the earnings of the minor to the minor until the parent or guardian entitled to the earnings gives the employer notice that the parent or guardian claims the earnings.

minor's earnings parent notice guardian claim employer responsibilities paycheck redirection parental entitlement guardian notification earnings entitlement minor employment pay right transfer

(Added by Stats. 1993, Ch. 219, Sec. 166. Effective January 1, 1994.)

Section § 7504

In California, a parent, regardless of their financial situation, can give up their right to control their child and collect their child's earnings. If a parent abandons their child, it's assumed they have given up these rights.

The parent, whether solvent or insolvent, may relinquish to the child the right of controlling the child and receiving the child’s earnings. Abandonment by the parent is presumptive evidence of that relinquishment.

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(Added by Stats. 1993, Ch. 219, Sec. 167. Effective January 1, 1994.)

Section § 7505

This law explains when a parent's legal authority over their child ends. It stops if a court appoints a guardian for the child, if the child gets married, or when the child turns 18 and becomes an adult.

The authority of a parent ceases on any of the following:

(a) The appointment, by a court, of a guardian of the person of the child.

(b) The marriage of the child.

parental authority child marriage guardian appointment age of majority court-appointed guardian parental rights legal adulthood terminating parental control child independence change in custody

(Added by Stats. 1993, Ch. 219, Sec. 168. Effective January 1, 1994.)

Section § 7506

If a grown child chooses to continue living with and being financially supported by their parent without any extra agreement for payment, neither the parent nor the child can demand compensation from the other for this arrangement.

Where a child, after attaining the age of majority, continues to serve and to be supported by the parent, neither party is entitled to compensation, in the absence of an agreement for the compensation.

age of majority child support parent support compensation agreement living arrangement financial support adult child parental support no compensation support after majority parent responsibilities adult child living with parent

(Added by Stats. 1993, Ch. 219, Sec. 169. Effective January 1, 1994.)

Section § 7507

This law allows a child, their close relatives, or county supervisors to take legal action when a parent is abusing their authority. If proven, the child can be freed from the parent's control, and the parent's responsibilities to support and educate the child can be enforced.

The abuse of parental authority is the subject of judicial cognizance in a civil action brought by the child, or by the child’s relative within the third degree, or by the supervisors of the county where the child resides; and when the abuse is established, the child may be freed from the dominion of the parent, and the duty of support and education enforced.

abuse of parental authority judicial cognizance civil action child's relative third degree relatives county supervisors parental dominion duty of support duty of education free from control child's residence parental responsibility enforcement

(Added by Stats. 1993, Ch. 219, Sec. 170. Effective January 1, 1994.)