My daughter is in her senior year of high school she turns 18 halfway threw is she still under my rules

Full question:

My daughter is in her senior year of high school she turns 18 halfway threw is she still under my rules or is she an adult free do as she wants

  • Category: Minors
  • Subcategory: Age of Majority
  • Date:
  • State: Virginia

Answer:

Excellent question that we are sure many people have and experience. From what we can find, once the child reaches the age of majority, the child is the decision maker and is no longer considered a child.  There is a presumption of competence and as an adult has full control over their persons. This includes decisions about all areas of life including medical, legal, financial, educational, living arrangements, relationships, etc.

Laws such as privacy laws require the consent of the child for sharing information with the parents once the child is an adult.

This is illustrated by Virginia Statues under education which require consent of a child 18 years of age for parents to access their educational records.

§ 22.1-287. Limitations on access to records.

A. No teacher, principal or employee of any public school nor any school board member shall permit access to any records concerning any particular pupil enrolled in the school in any class to any person except under judicial process unless the person is one of the following:

1. Either parent of such pupil or such pupil; provided that a school board may require that such pupil, if he be less than eighteen years of age, as a condition precedent to access to such records, furnish written consent of his or her parent for such access;

2. A person designated in writing by such pupil if the pupil is eighteen years of age or older or by either parent of such pupil if the pupil is less than eighteen years of age;

The Family Educational Rights and Privacy Act (FERPA), also deals with access to educational records and provides once the child is 18 years of age, the consent of the child is generally required to release records.

The Family Educational Rights and Privacy Act (FERPA) is a federal privacy law that gives parents certain protections with regard to their children's education records, such as report cards, transcripts, disciplinary records, contact and family information, and class schedules. As a parent, you have the right to review your child's education records and to request changes under limited circumstances. 

When a student turns 18 years old or enters a postsecondary institution at any age, all rights afforded to you as a parent under FERPA transfer to the student ("eligible student"). However, FERPA provides ways in which a school may—but is not required to-share information from an eligible student's education records with parents, without the student's consent. For example:

  • Schools may disclose education records to parents if the student is claimed as a dependent for tax purposes.
  • Schools may disclose education records to parents if a health or safety emergency involves their son or daughter.
  • Schools may inform parents if the student, if he or she is under age 21, has violated any law or policy concerning the use or possession of alcohol or a controlled substance.
  • A school official may generally share with a parent information that is based on that official's personal knowledge or observation of the student.
See http://www2.ed.gov/policy/gen/guid/fpco/brochures/parents.html

Other laws dealing with Children with Disabilities apply in some situations.  i.e. The Individuals with Disabilities Education Act (IDEA) 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Once you turn 18, you are legally considered an adult. This means your parents are no longer responsible for your decisions or financial support. However, if you are still in high school, they may still have some influence over your education and living arrangements until you graduate.