If your child gets into legal trouble that leads to a criminal or delinquency proceeding, can you be asked to testify against them?
Massachusetts is one of the states with statutes that recognize the parent-child privilege. This means as a parent, you generally cannot be compelled to testify against your child.
Here is what to know about this law:
Who is considered a parent?
For the purpose of the parent-child privilege clause, a parent is a biological/adoptive parent, stepparent, legal guardian or other person acting in loco parentis “in the place of a parent” for a child.
The court values the importance of a parent-child relationship. By implementing this privilege, a child can confide in their parent without fear. They can openly inform them about the legal matter in question. Absent this privilege, minor children accused of crimes would be scared to seek guidance regarding their legal rights from their parents.
What is the law’s limitation?
The parent-child privilege only applies when the victim in a criminal case is not a family member and does not reside in the family household. Further, if a child shows the court that their parent has exculpatory evidence (evidence that suggests they are innocent), the court may allow the parent to testify.
What if the child is emancipated?
The parent-child privilege of Massachusetts generally covers unemancipated minor children. A child being emancipated can change the circumstances since emancipation gives the child the rights and responsibilities of an adult.
A parent testifying against their child can lead to relational issues. Their bond might be damaged, as the child might feel abandoned or betrayed. That’s why Massachusetts has the parent-child privilege. Get more information about this law if your child has been accused of a crime.
