Parent and Child - Child's Earnings And Services

At common law, a father had the right to the earnings of a child. State statutes have modified this principle to give either a primary right to a child's earnings to the custodial parent or an equal right to both parents. The right to a child's wages stems from the parental duty of support and, therefore, can be destroyed if a parent neglects or deserts the child. States, however, also have enacted laws that place a child's earnings in trust until the child reaches the age of majority. These laws were originally passed in the 1930s to protect child actors and entertainers who earned large sums of money. Before these laws were passed, some of the parents of these children had squandered their children's incomes.

The issue of the services of a child, which range from performing simple household tasks to working in the family business, ordinarily arises when a child has been injured. A parent may sue the individual who caused the child harm and claim damages for both medical costs and loss of the child's services.