Legal Definitions - child

In legal terms, a "child" primarily refers to an individual who has not yet reached the age of majority. This is the legal threshold at which a person is considered an adult, typically set at 18 years old in most U.S. states. Before reaching this age, a child generally possesses fewer legal rights and responsibilities compared to an adult. For instance, they usually cannot enter into binding contracts, vote, or purchase age-restricted items. However, they are also often afforded specific protections and are subject to different legal systems, such as juvenile courts, with their parents or legal guardians typically holding responsibility for their welfare and actions. It's important to note that the specific age of majority can vary depending on the state or country.

Within the context of family law, "child" also refers to the biological or adopted offspring of parents. When parents divorce or separate, issues concerning their children—such as custody, visitation schedules, and financial support—are considered ancillary issues that must be resolved by the court before the divorce or separation can be finalized. For purposes like child support, this legal obligation typically applies until the child reaches the age of majority, or sometimes longer if they are still pursuing higher education.

• Example 1 (Legal Capacity): A 17-year-old high school student attempts to sign a lease agreement for an apartment with friends. Legally, this individual is considered a child because they have not yet reached the age of majority (18 in most states). As such, they lack the legal capacity to enter into a binding contract like a lease, meaning the agreement would likely be unenforceable against them, protecting them from significant financial obligations.
• Example 2 (Criminal Responsibility): A 14-year-old is apprehended for shoplifting from a local store. Because this individual is a child, they would typically be processed through the juvenile justice system rather than the adult criminal court. This system is designed to focus on rehabilitation and the child's best interests, reflecting their reduced legal responsibility compared to an adult.
• Example 3 (Family Law and Divorce): A married couple with two children, aged 8 and 12, decides to divorce. In this scenario, the children are central to the divorce proceedings. The court will require the parents to establish a comprehensive parenting plan, including decisions about legal and physical custody, a visitation schedule for each parent, and child support payments, all to ensure the children's continued well-being and care before the divorce can be finalized.