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The Fashionable Housewife

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7 Laws and Legal Rights All Parents Need to Know

Modified on April 26, 2021 at 12:56 AM

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Parents have legal rights for their children. Laws and legal rights are in place at the federal and state level that many parents do not know about. If you’re a new parent, many of these laws will not be a concern for you until your child starts going to school or reaches their volatile teenage years.

But as a parent that is just trying to raise a kid, you need to be aware of these key laws and legal rights.

1. Parental Responsibility Law

You’re a parent, and when your child is a minor, you are responsible for some of their actions. Every state has their own laws on parental responsibility. A few examples of parental responsibility can be seen in:

  • California. California State has strict parental responsibility laws for children that are under 18. You can be held liable for “willful misconduct causing injury, death or property damage.” If your child is driving recklessly and ends up causing injuries to someone else, the parent may be held liable for medical expenses up to $25,000.
  • New Jersey. In the State of New Jersey, the financial responsibility of the parent is capped at $5,000. Unlike other states, parents are only held liable when the child’s acts causes damages to school property, public utilities and railroads.

Most states do have a cap on how much liability the parent will be responsible for with their minor children. Once a child turns eighteen, the parent is freed from this responsibility.

State laws that require a sponsor to be in a vehicle with a driver under eighteen have these laws in place so that the parent is responsible for auto accidents. These states have what’s called “sponsorship laws.”

If your state has these laws, you will be responsible for any damages caused if you chose to be the child’s sponsor when driving.

Sponsors do not necessarily have to be a parent, but in most cases, the sponsor will be a parent.

You can also be charged with a criminal charge of violating your parental duty to supervise your child when they commit delinquent acts or crimes.

2. Social Host Laws

Teen alcohol consumption is the responsibility of parents. Social host laws vary by jurisdiction, but they generally require that hosts do not provide minors with alcohol. The laws are such that you will not be able to make the alcohol even available in your home.

For example, if your son invites a group of friends over and they drink the alcohol that you have in your cabinets, you may be held responsible.

It doesn’t matter whether or not you knew about the actions of your son and his friends.

Civil damages may also be your responsibility. If a teen drinks alcohol from your home and gets into an accident when leaving the home, you may be legally responsible for their actions.

You, as a parent, should not furnish alcohol to your children or their friends. If you have a wine cabinet or liquor in the house, make sure that it is locked away so that you’re not held responsible for the actions of your children or their friends.

Underage teen drivers may not have any detectable alcohol in their system according to DUI laws. If their blood alcohol registers as 0.01% or higher, they can be convicted of an underage DUI criminal charge. This ultra-low limit can easily be exceeded with just a small taste of alcohol.

3. Student Cell Phone Privacy Rights

Technology and cell phone apps can be a great aid to parenting. But they can also be a source of major issues in this age of bullying and teen sexting. So it’s important your child understand their privacy rights.

According to the ACLU, your child has the right to keep their cell phone, tablet or laptop computer contents and their apps on them private. Schools may not look through your student’s phone without their approval, even if they are using it when not allowed.

There are legal exceptions for emergencies involving danger of death or serious physical injury that require access to the device’s content or when a search warrant is issued by a judge.

4. Right to a Free Education, Even for Immigrant Children

Your child has a right to a free education, even if you’re an immigrant. There may be expenses that go along with education, but this will change with each state’s and district’s policies. Parents will want to investigate their local school laws.

Schools offer free education, but you may have to pay for:

  • Lunch
  • Groups
  • Library book fees

An immigrant’s child is protected under the U.S. Supreme Court’s 1982 decision that found that immigrant children are granted the same rights as a legalized U.S. child. 

Immigrant children have a right to receive an education without:

  • Fear of discrimination
  • Fear of deportation

Enrolling a child in school does not require a parent to provide proof of citizenship or immigration status. Schools should not ask about citizenship, and if they do, you do not have to answer.

5. Children Have Rights to a Safe Environment and Nutrition

As a parent, it’s important to know that your child also has rights. Every child is born with the right to:

  • A safe environment
  • Healthcare
  • Education
  • Nutrition 

The state can remove the child from the home if basic needs are not being met. You, as the parent, do have the right to raise your child as you see fit. But you need to provide your child with the basic necessities above, or the state has the right to step in and take the child away from you.

Teens and younger children have equal rights and equal protection.

6. Rights Under the Disabilities Education Act

Children that are disabled, whether physically or mentally, do have rights. These rights are granted under the Disabilities Education Act. If your child has difficulty learning or needs extra assistance to meet the same level of education as their peers, they are, by law, allowed to seek special accommodations.

The accommodations will provide your child with the same education as their peers.

For example, a child may need an aid that will help bring the child from class-to-class and also get their books out and possibly help the child with notetaking. The aid will be provided by the school and ensures that a child with physical disabilities has the same rights as other children to receive an education.

If your child needs more time when taking tests, this may also be provided.

Students that have learning disabilities may also be allowed to record classes so that they can go back to the class material on their own time. 

Parents can discuss their children’s needs with the school principal or with a teacher to see what assistance may be offered.

7. Right to Information

Children may keep a lot of their life hidden away from their parents, but you do have rights under the Family Educational Rights and Privacy Act. The Act allows you to inspect all of your child’s educational records. If you do not understand the records, you can have them explained to you and corrected as needed.

There are states that have implemented laws that will notify parents if their child is being bullied, too.

You also have the right of reasonable access to school staff and the right to parent-teacher conferences under the “Every Student Succeeds Act of 2015.”

Courts may also change a parent’s legal rights and responsibilities. You may lose your rights to your children, and therefore, your responsibility of them, too. For example, if you lose sole custody of your child, you will not be held responsible for their actions.

But you may also have shared custody in the event of a divorce.

You and the opposing parent will still have to know your legal rights and laws as a parent. If you’re not granted the position of a custodial parent, the other parent will have the final say if you and your ex cannot agree on a matter.

Losing all parental rights and responsibilities is rare, and only in the most severe of cases will a parent lose all rights of their child. When neglect or abuse are present, it’s possible that the parent will lose their parental rights.

If you need legal advice regarding your child’s injury case, contact a personal injury lawyer.

If you think your friends aren’t aware of the laws and legal rights they have as a parent, be sure to share this article!

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Posted By The Fashionable Housewife
on December 3, 2019 at 12:26 PM
Filed Under: Home Life, Parenting
Tagged With: high school, parent legal rights, parental responsibility, parenthood, Parenting, parenting advice, parenting tips, parenting tools, teen, teen dui, teenager, teenagers, Teens

About The Fashionable Housewife

Sarah-Jean Ballard is the Editor in Chief of The Fashionable Housewife blog and Founder of Fashionable Media. Married to a sexy Molecular Biologist, housewife, mom to 5, homeschooler, Certified Personal Nutritionist and entrepreneur who's mission is to help moms just like you look and feel GREAT! Other interests include dancing, yoga, positive intactivism, natural birth and breastfeeding support, babywearing, paleo & gluten-free cooking, and promoting an overall healthy lifestyle to all.

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Sarah-Jean Ballard

Hi! I’m Sarah-Jean. I’m a Christian, the wife of a handsome Molecular Biologist, and the homeschooling mother of 5 beautiful kids!

I enjoy homesteading, reading, writing, cooking, baking, crafting, home decorating, Xtend Barre, and of course, fashion!

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𝕊𝕒𝕣𝕒𝕙 | Fashionable Homemaker & Mom of 5
Looking at pictures of my last birth makes me grie Looking at pictures of my last birth makes me grieve my baby in Heaven that I just lost a few weeks ago. 

Knowing all the firsts we won’t be getting. All the newborn snuggles, that new baby smell, the joy of breastfeeding, it’s all gone. Slipped through my fingers in a moment, for no reason. 

No one thinks it will ever happen to them. Nothing prepares you for the loss of your child and no one can fully understand and appreciate the intense level of grief and pain until it happens to you. And if you do not understand this kind of grief, consider yourself very, very blessed and fortunate. 

Sometimes being open to life, also means being open to loss. 💔

#miscarriage #miscarriagesupport #miscarriageawareness #lossmom
READ this post before you LIKE it. 💔💔💔 A READ this post before you LIKE it. 💔💔💔

A few weeks ago, we were planning to announce that baby #6 would be joining our crew in January 2023, but instead we've been processing the death of our beloved child... 

At our 20 week anatomy scan, when we were joyfully expecting to see what our little babe looked like, we were met the words that will haunt us forever - "We can't find a heartbeat."

Two days later, we found ourselves in a foreign environment, after 5 beautiful homebirths, naturally delivering our stillborn son in a hospital. 

Dylan Marinus Ballard was born on August 31st, (our first son's birthday) at 6:43pm and weighing only 7.5 oz. 

Tearfully and filled with grief beyond words, we had to say hello and goodbye at the same time. Our beautiful son. 

Seeing his face, holding his tiny body, and admiring his little toes that looked just like daddy's was just a glimpse into the miracle of life that God allows us to partake in. When you fully realize the sanctity of human life, it makes it even harder to say goodbye. Not being able to take my baby home with me was the most gut wrenching, heartbreaking pain imaginable. It is a pain unlike all others that only mothers who have lost a child can even begin to understand. 

The hardest part of losing a child, is living everyday afterwards. It's such a devastating loss, a loss so unimaginable, that you have no idea how you will get through each day or survive the grief that is in your heart. No matter what age a child is, a parent's heart is forever tied to that child and there's nothing that will break that tie, including the passing of time. That's the beauty of unconditional love. 

Our only consolation is knowing that our little saint is in the loving arms of Jesus now. We look forward to meeting him in Heaven someday.

📷 birth photography by Melissa Lee Photography

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Some of my favorite fall eats here! 😋 What ar Some of my favorite fall eats here! 😋 

What are your favorite fall comfort foods???

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What better way to welcome fall than with @caraway What better way to welcome fall than with @caraway_home latest products, the Mini Fry Pan & Mini Sauce Pan!!! 

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Can you imagine a more beautiful thing?! I can’t Can you imagine a more beautiful thing?! I can’t! 🤣

My son is loving our @treasuresfromjennifer calendar and keeping track of the days now. He keeps telling me how many days it is until the first day of fall rather than asking me 900 times “when is it going to be fall, mama?!” 😜

Do you have a calendar or weather board in your home for your children? 

#homeschoolmom #homeschoolroom #homeschoollife #homeschoollookslikethis
Anybody else excited about apple picking season?! Anybody else excited about apple picking season?! 🍎 

When September rolls around, you’ll find us doing fun fall-themed homeschool stuff, decorating the house for fall (yes that’s a family affair!) and going apple picking!!!

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𝒯𝒽ℯℱ𝒶𝓈𝒽𝒾ℴ𝓃𝒶𝒷𝓁ℯℋℴ𝓊𝓈ℯ𝓌𝒾𝒻ℯ
Christian, Wife, Mama x 5. livin' in NH
Fashion, Food, Health, & Home
✉️ Email me, let’s work together!

𝕊𝕒𝕣𝕒𝕙 | Fashionable Homemaker & Mom of 5
Don’t you just love it when the kitchen is clean Don’t you just love it when the kitchen is clean?

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🚨STOP what you’re doing and read this! 👇🏻

You know how they say “Earth Day Is Every Day”? Well, that’s because you shouldn’t only think about swapping out your toxic cleaning supplies and pledging to use reusable bags only on Earth Day. That’s just one day a year and if we really want to be more eco-conscious, we need to make small changes every day towards caring for ourselves and the earth.

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A @jeltbelt! Not only are Jelt Belts designed sustainably, with comfortable, premium elastic that is made from recycled plastic bottles, they are also flat and don’t show under clothes! Best of all, they are completely metal-free and hypoallergenic. 

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I recently added the @DeltaChildren PerfectSize 3- I recently added the @DeltaChildren PerfectSize 3-in-1 Convertible Sink to my downstairs bathroom to make unassisted handwashing more accessible for my two youngest kids (ages 2 and almost 5). 

Our downstairs half bath is TINY but because of the compact size of the convertible sink, we managed to slide the sink in right next to our @NubyUSA potty. And yes, the bathroom door still closes! 

We have a faucet extender and step stool at the regular sink, but this has made handwashing a novelty for the boys since it's right at their level and right next to their potty. It's the perfect height for both my 2-year-old son AND my autistic son who is almost 5 years old (pictured). ♾️

It holds enough water in the upper tank for both children to wash and rinse their hands once each and the holding tank in the back for the gray water is easy to empty into the sink or toilet when they are done. If they just want to play with the water and their hands aren't actually dirty, I just pour the "gray water" back into the upper holding tank and let them play with it again to conserve water. (An important lesson and learning opportunity for Earth Week) 💦

In addition to being a great addition to a Montessori bathroom setup, you can also convert the Delta Children sink into a step stool and then use the upper part as a bath toy because it's shaped conveniently to sit on the side of the tub. 

Will link to the sink and potty in my stories! 🚽🚰

Do you have a Montessori setup at home for your child? Tell me in the comments! 👇

#practicallife #selfcarestation #montessoriathome #montessoripracticallife #montessorimom #montessoritoddler #preschoolathome #deltachildren #pottytraining #pottylearning #childdevelopment #montessorispaces #earlychildhoodeducation #earlylearning #learningthroughplay #homeschoolpreschool #childledlearning #nubyusa #earlyyears #smallspaceliving #montessoriinspired #toddleractivity #practicallifeskills #montessoriactivity #playandlearntoday #tinyliving #momblogger
𝔸𝕝𝕝𝕖𝕝𝕦𝕚𝕒! ℍ𝕖 𝕚𝕤 𝔸𝕝𝕝𝕖𝕝𝕦𝕚𝕒! ℍ𝕖 𝕚𝕤 𝕣𝕚𝕤𝕖𝕟!

It’s always quite the effort to take a family picture, but even harder when you need to use a tripod! 🤣 This is the best we could do! 🤷🏼‍♀️🤪

#heisrisen #alleluia #largefamily #bigfamily #5kids #momof5 #momsofinstagram #momsofig #homemaker #homeschoolfamily #blessedbeyondmeasure #blessedisshe #bigfamilylife #largefamilylife #largefamilymom #giftsfromgod
“Unless there is a Good Friday in your life, the “Unless there is a Good Friday in your life, there can be no Easter Sunday.”
- Archbishop Fulton J. Sheen

“He himself bore our sins in his body on the cross, so that, free from sins, we might live for righteousness; by his wounds you have been healed.” - 1 Peter‬ ‭2:24‬ 

Let us not forget the significance of Good Friday. For on this day, Jesus was thinking about YOU! 
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We are already dreaming about going back to @story We are already dreaming about going back to @storylandnh! 🥳🤩

Last year we took our @wonderfoldwagon and it was a total game changer with five kids! (Especially our autistic son!) It made trucking all of our children around the theme park 100 times easier. 

I’m so glad I got the four seater wagon despite some people saying it would be too big. It has room for absolutely everything we need to take with us including a cooler full of food for our family of seven. 

I can’t wait to see all of the fun adventures we will have this summer with our Wonderful Wagon. 

Use The link in our profile to purchase your Wonderfold Wagon and use discount code BALLARD to save! 💰 

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In these uncertain times we live in, it sometimes In these uncertain times we live in, it sometimes seems silly to decorate or worry about how things “look” but you have to remember that changing the world starts at home. Being a homemaker is an important and often overlooked job. Home is the starting point for love, life, and dreams. So go ahead and make your home look good! 

There’s no place like home. 🏠❤️

#americanhousewife #homemaker #homemakers #momlifeunfiltered #farmhouseinspired #myhomevibe #myhousebeautiful #shareyourdecorwithme #shareyourhomestyle #farmhousestyledecor #magnoliatable #theologyofhome #christianhomedecor #christianhomemaker

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Looking at pictures of my last birth makes me grie Looking at pictures of my last birth makes me grieve my baby in Heaven that I just lost a few weeks ago. 

Knowing all the firsts we won’t be getting. All the newborn snuggles, that new baby smell, the joy of breastfeeding, it’s all gone. Slipped through my fingers in a moment, for no reason. 

No one thinks it will ever happen to them. Nothing prepares you for the loss of your child and no one can fully understand and appreciate the intense level of grief and pain until it happens to you. And if you do not understand this kind of grief, consider yourself very, very blessed and fortunate. 

Sometimes being open to life, also means being open to loss. 💔

#miscarriage #miscarriagesupport #miscarriageawareness #lossmom
READ this post before you LIKE it. 💔💔💔 A READ this post before you LIKE it. 💔💔💔

A few weeks ago, we were planning to announce that baby #6 would be joining our crew in January 2023, but instead we've been processing the death of our beloved child... 

At our 20 week anatomy scan, when we were joyfully expecting to see what our little babe looked like, we were met the words that will haunt us forever - "We can't find a heartbeat."

Two days later, we found ourselves in a foreign environment, after 5 beautiful homebirths, naturally delivering our stillborn son in a hospital. 

Dylan Marinus Ballard was born on August 31st, (our first son's birthday) at 6:43pm and weighing only 7.5 oz. 

Tearfully and filled with grief beyond words, we had to say hello and goodbye at the same time. Our beautiful son. 

Seeing his face, holding his tiny body, and admiring his little toes that looked just like daddy's was just a glimpse into the miracle of life that God allows us to partake in. When you fully realize the sanctity of human life, it makes it even harder to say goodbye. Not being able to take my baby home with me was the most gut wrenching, heartbreaking pain imaginable. It is a pain unlike all others that only mothers who have lost a child can even begin to understand. 

The hardest part of losing a child, is living everyday afterwards. It's such a devastating loss, a loss so unimaginable, that you have no idea how you will get through each day or survive the grief that is in your heart. No matter what age a child is, a parent's heart is forever tied to that child and there's nothing that will break that tie, including the passing of time. That's the beauty of unconditional love. 

Our only consolation is knowing that our little saint is in the loving arms of Jesus now. We look forward to meeting him in Heaven someday.

📷 birth photography by Melissa Lee Photography

#griefjourney #griefandloss #miscarriage #miscarriageawareness #griefawareness #griefislove #itsokaynottobeokay #largefamily #largefamilymom #bigfamily #bigfamilylife #lossmom #pregnancyloss #momlife #pregnancylossawareness #stillbirth #stillborn #stillbornstillloved #stillbornawareness #babyloss #miscarriagemomma #bereavedparents #lossmoms
Some of my favorite fall eats here! 😋 What ar Some of my favorite fall eats here! 😋 

What are your favorite fall comfort foods???

#momlife #homemaker #octobervibes #feelslikefall
Need an easy solution for dinner but don’t want Need an easy solution for dinner but don’t want fast food? @wildgrainbox delivers bake-from-frozen breads, pastries, and fresh pasta right to your door!

Clean ingredients, real sourdough, artisanal pastries, hand cut fresh pasta, eco friendly shipping, and they support small bakeries! 👩🏼‍🍳

Every item is freezer to table in 25 minutes or less so you can enjoy homemade quality food, FAST. I whipped up a loaf of sourdough bread and delicious pasta with marinara sauce in under 30 minutes for me and my husband to enjoy a little date night at home. It was like going to a fancy Italian restaurant, but we go to eat in our pajamas!

We love that Wildgrain is passionate about delivering slow-fermented sourdough bread‘s, fresh pasta, and artisan pastries directly to your door and I love that they are local to me! 

WANT TO TRY IT?! The first 50 people to use my coupon code and link can get $30 off their first box PLUS free croissants in every box! 

Use coupon code FASHIONABLEWIFE to snag this deal QUICK! 💃🏼

LlNK in bio and in stories! 🛒

#momlife #homemaker #mywildgrain #datenightideas
Introducing Caraway’s most requested products, t Introducing Caraway’s most requested products, the NEW Mini Fry Pan & Mini Sauce Pan!!! 

By popular demand, they now have miniature versions of their two best-selling À La Carte pieces, now in compact and cute sizes!! 

These are designed for cooking smaller portions and are a perfect complement to your current Caraway cookware collection. 

🥳Get 10% off the new Mini Fry Pan & Mini Sauce Pan using my link in my bio! 🥳

#momlife #homemaker #homelifestyle #kitcheninspo
What better way to welcome fall than with @caraway What better way to welcome fall than with @caraway_home latest products, the Mini Fry Pan & Mini Sauce Pan!!! 

By popular demand, they now have miniature versions of their two best-selling À La Carte pieces, now in compact & cute sizes. These are designed for cooking smaller portions and make the perfect complement to your current Caraway collection. 

Get 10% off the new Mini Fry Pan & Mini Sauce Pan using my link! 🛒

⁣LlNK is in my bio and stories! 💃🏼 Or use code FASHIONABLEWIFE-MINI22 
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#cottageliving #decor #decoration #farmhouselove #hgtv #homedesign #interior #interiordecor #interiorstyling #kitchendesign #kitchendiner #kitcheninspo #kitchenremodel #kitchenrenovation #kitchensofinstagram #magnoliahome #modernfarmhouse #modernfarmhousestyle #neutralabodes #neutraldecor #neutralhome #neutralkitchen #neutralstyle #neutraltones #newbuild #newbuildhome #newbuildjourney #quartzworktops #shakerkitchen #whitekitchen
Can you imagine a more beautiful thing?! I can’t Can you imagine a more beautiful thing?! I can’t! 🤣

My son is loving our @treasuresfromjennifer calendar and keeping track of the days now. He keeps telling me how many days it is until the first day of fall rather than asking me 900 times “when is it going to be fall, mama?!” 😜

Do you have a calendar or weather board in your home for your children? 

#homeschoolmom #homeschoolroom #homeschoollife #homeschoollookslikethis
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