Understanding the Legal Definition of Son or Daughter

Definition & Meaning

The term "son or daughter" refers to a child who can be biological, adopted, or foster. It also includes stepchildren, legal wards, or children of someone who acts in loco parentis (in the place of a parent). A "son or daughter" can be:

  • Under 18 years of age
  • 18 years of age or older and unable to care for themselves due to a mental or physical disability

Table of content

Real-world examples

Here are a couple of examples of abatement:

Example 1: A 16-year-old biological son is eligible for benefits under his parent's health insurance plan.

Example 2: A 20-year-old daughter with a developmental disability qualifies for support services because she cannot care for herself. (hypothetical example)

State-by-state differences

State Definition Variance
California Includes children under guardianship as "son or daughter."
New York Recognizes stepchildren in custody cases.
Texas Follows the federal definition closely but may have additional local provisions.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Child A person under the age of 18. Broader; does not include adults with disabilities.
Legal Ward A person under legal guardianship. Specifically refers to those under guardianship, not biological or adopted children.

What to do if this term applies to you

If you are navigating issues related to your son or daughter, consider the following steps:

  • Identify the specific legal context (e.g., custody, benefits).
  • Gather necessary documentation regarding your relationship and the child's status.
  • Explore legal forms and templates available through US Legal Forms to assist with your situation.
  • If the matter is complex, consult a legal professional for tailored advice.

Quick facts

Attribute Details
Typical Age Range Under 18 or 18+ with disabilities
Legal Contexts Family law, employment law, adoption
Documentation Needed Proof of relationship, disability documentation (if applicable)

Key takeaways