Legal Question in Real Estate Law in California
Is it legal for a parent to open his or her minor child's paycheck?
2 Answers from Attorneys
How or why did they get the paycheck? If it came through the mail addressed to the minor, who I pesume is a teenager, then it would be a violation of federal law that bans teh opening of other's mail. If it was given to the parent by the employer because of some agreement that it would be done that way, it probably is not illegal. it would be best if yuou could tell us the exact facts of how it happened and why.
I cannot find anything in the United States Code forbidding this. It seems from 18 U.S.C.A. 1708 regarding theft of mail that any Federal interest or authority over the mails terminates when the mail is delivered to the proper address. What happens thereafter is not a matter of Federal jurisdiction; it's simply a question of state law at that point.
OK, turning to California law, we find laws addressing the parent-child relationship in the Family Code, starting at section 7500. Subpart (a) of 7500 says the mother and father of an unemancipated minor child "are equally entitled to the services and earnings of the child." In seeming contradiction, section 7502 says "The parent, as such, has no control over the property of the child." Next, section 7503 proclaims "The employer of a minor shall pay the earnings of the minor to the minor until the parent or guardian entitled to the earnings gives the employer notice that the parent or guardian claims the earnings."
Despite an electronic search of WestLaw for cases or statutes reflecting illegality of opening someone else's mail, without intent to commit theft this seems to be at most an invasion of privacy, and in a parent-child context there is some doubt that the child has an expectation of privacy such that the parent's opening and reading the mail, absent any theft or detention of the contents, would be illegal.