ABA Family Legal Guide

Family Law

Children

Rights and Responsibilities of Parents

Are parents financially responsible for the acts of their children?

The law on this varies from state to state. Some states make parents financially responsible for damage caused by their children, but the states may place limits on the amount of liability. In Illinois , for example, parents or guardians may be required to pay up to $2,500 for the "willful or malicious acts" of minor children who harm another person or property. If there is more damage than that, the child could be sued personally; if child had assets, they could be taken to satisfy the judgment.

Generally, if a child has an auto accident while driving a parent's car, the parent's auto insurance policy will cover the loss to the same extent it would if the parent had been driving the car (although parents usually have to pay higher insurance premiums to cover young drivers). In some states, the law may provide that if a parent knows or should have known that their child has a proclivity toward violent or malicious behavior, the parents may have a duty to take reasonable steps to control the child or give warning to persons the child might harm.