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The child is living at home. I'd like a reference to the law itself, if possible. Thanks!

2007-04-26 05:46:17 · 13 answers · asked by mike_cepek 2 in Politics & Government Law & Ethics

The USPS told me that anyone legally residing at that address can open mail delivered there. An attorney told me he and his colleagues believe that it wouldn't be legal for the parent to open the adult child's mail, but they didn't have a reference (and couldn't even tell me if it would be a felony or not); thus they were not 100% certain. A US Attorney for my state refused to answer the question because "he can't give legal advice". I can't believe how difficult it is to clarify this basic question. As a US citizen, how can I be expected to follow the law (or report violations) if even professionals and legal representatives cannot tell me what that law is?!?!

2007-04-27 09:06:55 · update #1

13 answers

I GUESS YOU WOULD HAVE TO BE 18 BUT IF YOU DON'T WANT YOUR PARENTS TO OPEN YOUR MAIL MOVE. YOUR PARENTS PAY THE MORTGAGE THEY MAKE THE RULES SINCE WHEN DOE'S THE CHILD TELL THE PARENT WHAT TO DO. ONLY WHEN THEY NO LONGER LIVE UNDER THE ROOF OF A PARENT CAN A CHILD DO AS THEY PLEASE. BEFORE THAT, HANDLE YOUR PARENTS BEING NOSY. IT HAPPENS. YOU LIVE IN THEIR HOUSE.

2007-04-26 05:53:55 · answer #1 · answered by strike_eagle29 6 · 2 4

First let me explain that their is a difference between ethical and legal. Just because something is not ethical does not make it illegal. It is unethical to open your child's mail unless you suspect that what is contained in the mail may harm your child. It is not illegal to open your child's mail until they turn 18. Now, that being said, it is illegal for anyone OTHER then a parent to open a child's mail. This includes step parents and foster parents (unless you are adopted by your step parent). There is a bill of rights for children in foster care. This is the website for that http://www.fosteryouthhelp.ca.gov/Rights2.html. This is from the state of California but all states have similar rights for their foster children.

If you are having difficulty with your parent's reading your mail, (or if you are the parent and are reading your child's mail) you can write your own bill of rights. The paper would have the rights that you expect from each other. For instance, if the child doesn't want their mail read that can be part of their "rights" by the same token the parent can say that if the child violates a certain rule that they lose certain "rights". If you both sign it in front of witnesses or a notary, it becomes a legally binded contract. This would help both parties understand their limits and the punishments for breeching those limits. Parents of course do not have a punishment but they do lose their child's trust if they breech the contract. I have a similar contract with my daughter. It lets me know what she expects from me as far as her privacy and personal area but it also lets her know what happens if she gets into trouble. We both have your boundries and this helps build trust between her and me. I hope this helps.

2007-04-26 06:25:42 · answer #2 · answered by Denise P 2 · 1 0

I believe it is 18. As long as a child is under the age of 18 they are considered a minor and thus have limited legal rights. I am not sure if there is a specific law or court case which deals with this particular issue, but there is a great deal of legal cases that point out that those under 18 who are still dependents of their parents have significantly less legal and privacy rights than those who are over 18.

2007-04-26 05:54:34 · answer #3 · answered by msi_cord 7 · 1 0

If the child is under 18, then the parent has the right (and the duty!) to access ANY communications, mail, email, telephone calls, etc.
There is no Federal law or statute beyond the state "age of majority" type laws that are unique to each state.
Age of majority implies that the person is now considered an adult and is able to control their person, actions, and decisions. Here in California that law is California Family Code 6500-6502.

2007-04-26 06:01:15 · answer #4 · answered by Anonymous · 1 1

There's no federal law that directly addresses this. However, 18 is the age of majority for parental responsibility and interference. Whether the adult child is living at home is irrelevant. The penalty for opening someone else's mail, and they aren't your minor child, is 5 years in federal prison.

2007-04-26 06:24:31 · answer #5 · answered by Anonymous · 0 1

Voting age in that state. That is the legal age of accountability, therefore, the age of the right of privacy. Since I have no idea what state, it is hard to cite the law for your state. However tampering with the mail is a federal offense. Call your local Post Office... I am sure they will know.

2007-04-26 05:56:21 · answer #6 · answered by Anonymous · 2 1

If the child has attained the age of 18 he/she is now considered an adult in every state and you are breaking federal laws if you tamper with their mail, Look up fed laws governing the US Mail.

2007-04-26 05:53:19 · answer #7 · answered by Anonymous · 0 1

Title 18, Chapter 83, sect 1701 under the US code makes it a felony to open someone else's mail.
Minors are still people under the law. Deal with it.
P.S. Worst. Parent. EVAR

2007-05-03 17:35:08 · answer #8 · answered by Anonymous · 0 1

The post master general states that it's once the child is of legal age (18)

2007-05-04 00:51:49 · answer #9 · answered by Angelic D 3 · 0 1

"A minor’s parents or guardian may control delivery of mail addressed to the minor."
https://hdusps.esecurecare.net/cgi-bin/hdusps.cfg/php/enduser/std_adp.php?p_faqid=5333&p_created=1088871197&p_sid=n*mheqAi&p_accessibility=0&p_lva=3677&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX3Jvd19jbnQ9MTAmcF9wcm9kcz0wJnBfY2F0cz0mcF9wdj0mcF9jdj0mcF9wYWdlPTEmcF9zZWFyY2hfdGV4dD1jaGlsZCdzIG1haWw*&p_li=&p_topview=1

I called the USPS and asked "is it legal for me to open my child's mail?". Yes. It is legal to open your child's mail as long as they are a minor. Once they reach the age of majority it is not.

2007-04-30 09:20:42 · answer #10 · answered by pepper 7 · 3 0

Once they turn 18, you can not open their mail. They are legally an adult.

2007-04-26 05:53:34 · answer #11 · answered by Tom B 1 · 2 1

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