UPDATE – March 12, 2014: Rachel Canning has reunited with her parents and returned to their home in Lincoln Park, New Jersey. Although the teen’s lawsuit hasn’t been officially dropped, the attorney representing her parents, Angelo Sarno said the family conflict has been resolved.
High school senior Rachel Canning’s attempt to sue her parents for financial support and college tuition has sparked a national debate over what children can legally demand from their parents.
Emancipation
Rachel Canning, who is 18, alleges that her parents forced her out of their home and that she is unable to support herself financially. The lawsuit asks her parents to pay her remaining tuition for her last semester at her private high school, pay her current living and transportation expenses, commit to paying her college tuition, and pay her legal fees for the suit (her best friend’s parents are fronting the fees).
The judge denied Cannings request for $654 per week and $12,000 in attorney’s fees to be paid by her parents. He did, however, agree that her family’s health insurance policy and tuition fund her parents had established be left in place.
Canning’s parents allege that Rachel left home because she didn’t want to obey the family rules, including their demands that she stop seeing her boyfriend after the couple were suspended from school for truancy. Another hearing in April will decide whether Rachel will be entitled to having her parents pay her tuition.
What remains to be determined is whether Rachel Canning left home of her own accord. New Jersey law does not consider a person to be emancipated (and therefore not entitled to parental support) from their parents unless that person has left the scope of the parents’ authority or control.
What Are Kids Entitled To?
The judge ruling on the Canning case warned that the case “poses a public policy issue,” noting that signing an order for Rachel Canning’s parents to to give her a weekly allowance could set a chaotic precedent where “a kid could move out and then sue for an XBox, an iPhone, or a 60-inch television.” This definitely sounds like a slippery slope we don’t want to go down.
Dr. Keith Ablow points out:
“If our sons and daughters can sue us for more money to attend better schools or participate in their chosen sports or attend the best schools they get into, then it won’t be long before enterprising attorneys create a cottage industry by advertising to adolescents who feel aggrieved and might like to take legal action against their fathers and mothers — and generate lots and lots of legal fees, too.”
Teen Celebs Who Sued Their Parents
Lawsuits against parents aren’t unheard of, although most cases involve talented children who want control over their own fortune.
At 14, Home Alone Star Macaulay Culkin successfully sued for emancipation from his parents, gaining control of his own $17 million fortune. Culkin was obviously a bit fed up after his parents fought over control of his finances in their divorce.
Wanting full control over her career and finances, Drew Barrymore succeeded in suing her parents for emancipation at 15 years of age. Barrymore bought herself a condo to celebrate her victory.
A 17-year-old LeAnn Rimes sued her father and co-manager for spending $7 million of her money on personal expenses. She ended up settling and was awarded an undisclosed amount.
Gary Coleman sued his parents in 1989 for mismanaging his money. After four years, Coleman was awarded $1.3 milion and cut ties with his parents. Unfortunately, Coleman couldn’t seem to manage his own finances and eventually filed for bankruptcy.
