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Karin Kasdin

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Could You Sue Your Child For Not Visiting Enough?

Posted: 01/18/2013 7:36 am

You don't call. You don't write. What's a mother to do?

This lament of the neglected mother has become so familiar in the United States that we joke about it. The mother who incessantly kvetches about her children's lack of attention has become an unfortunate cultural stereotype. Yet, what is a parent to do when an adult child recedes into his own life, rarely if ever materializing to check on the wellbeing of those who gave him life in the first place?

As of last month Chinese parents are able to sue their adult children for not paying enough attention to them. On December 21, 2012, China's national legislature amended its policy on the elderly. Adult children are now required by law to visit their aging parents "often" or risk being served with a lawsuit. The word "often" is left open to interpretation.

So how often is often? The question brings to mind a priceless scene from Annie Hall. Woody Allen and Diane Keaton, in the guise of their characters Alvie and Annie, are asked by their therapist, "How often do you have sex?"

"Hardly ever," Alvie responds despondently, "About three times a week."
"Constantly," Annie whines. "About three times a week."

But back to China.

In recent years the incidence of elder abuse and neglect has seen a significant increase in China. The rapidly growing Chinese economy has led to the kind of mobility we have known in the US for decades. Traditional extended family units have been breaking down as children's career paths lead them farther away from home. Affordable alternatives for elder care are scarce.

Making matters more challenging is China's family planning policy that limits most families to having a single child. A rapidly shrinking workforce cannot be counted on to take care of a rapidly growing elderly population.

So what is an adult child to do? Visit your mother, says the law.

Obviously, a law such as this would never fly in the US, a country founded and populated by immigrants, who, throughout our brief history, have left parents behind to embark upon their journey to a better life abroad.

Would I like my children to visit more frequently? Of course, but I understand that they are in the grip of market forces that conspire to make spontaneous visits difficult if not impossible. They do their very best and I am appreciative of their efforts. Plus, as a member in good standing of the sandwich generation, I am painfully aware that by wanting my kids to visit more often I must examine my own spotty record of visiting my mother who lives 300 miles away. It is not fair of me to expect more of my children than I give to my mother who loves me as much as I love them.

I wonder how many Chinese parents will find the guts to sue their children for neglect. At the moment, I can't imagine ever taking legal action against the children I bore and adore. But I am neither ill nor indigent. Frailty and neglect could bring any of us to our knees and then who knows where the will to live could lead us? In China it could lead to the courtroom. It will be interesting to see how it all plays out.

Earlier on Huff/Post50:

Loading Slideshow...
  • Kelley Hawkins (left) smiles with her grandmother AnnaBelle Bowers, 87, while at lunch in Harrisburg, Pa. Hawkins shares full-time care of Bowers with her sister-in-law LaDonna Martin. Both are nurses with two children each, and move Bowers, who has limited mobility, every two weeks from one home to another.

  • AnnaBelle Bowers talks to her granddaughter Carley (right), and her friends after they returned from lacrosse practice. "I'm not rich money-wise, but with my family I'm a millionaire," Bowers says.

  • Natasha Shamone-Gilmore walks to church with her husband, Curtis (left), and her father, Franklin Brunson, 81, in Capitol Heights, Md. She has taken on the daily challenge of caring for her father, who is suffering from mild dementia. Her son Nicholas, 24, also lives in the family home.

  • Natasha Shamone-Gilmore has opted to place her father in a full-time adult health center during the day while she works for a nonprofit and her husband works for a regional transit system.

  • Geneva Hunter (left), who runs the secretarial operations for a Washington, D.C., law firm, decided to take a hands-on approach to her mother's care and moved Ida Christian, 89, into her home.

  • Ida Christian, who suffers from dementia, gets help from her granddaughter, Yolanda Hunter (left), in blowing out the candles on her birthday cake. Yolanda quit her lucrative job to become Ida's full-time caregiver.

 
FOLLOW FIFTY
You don't call. You don't write. What's a mother to do? This lament of the neglected mother has become so familiar in the United States that we joke about it. The mother who incessantly kvetches abou...
You don't call. You don't write. What's a mother to do? This lament of the neglected mother has become so familiar in the United States that we joke about it. The mother who incessantly kvetches abou...
 
 
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04:59 PM on 01/21/2013
Why would parents want a forced visit from their child?
redbud9
What's fair is fair
04:55 PM on 01/21/2013
I recently lost my mother, and inherited my Dad, who is not "with it" enough to live by himself. After DECADES of living in another state, and only seeing them once or twice a year, he now lives in my house. To say it is an adjustment wouldn't even touch the truth. I am seeing many unattractive sides of him, and while I hate to admit it, I resent the fact that I am now expected to take care of this "stranger" at a point when I should be able to finally focus on me. Desperately trying to see what I should be learning from this......
01:03 PM on 01/19/2013
This a not a "court problem", it's a moral and ethical problem. It's called LOVE..... on both sides. Try it - it just might work!
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donafelipa
01:00 PM on 01/19/2013
This is so sad but to be expected in the world of selfish disregard.
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SciFiChickie
Proud Daughter and friend of Homosexuals...
10:16 AM on 01/19/2013
I wish I could visit my dad, but he died 6 years ago.

My advise visit when you can, & get them to meet you somewhere you want to go for a joint vacation. Call often, just for a few minutes.

Trust me if you love your parents, you'll regret not making the effort once they are gone.
02:08 AM on 01/19/2013
Two years ago, I retired from an intense job to move closer to my grandkids. My husband passed. I live with my daughter now. I have my own interests and friends, stay active. But there is nothing like the time I get to spend with my grandkids. The older ones are busy with their lives but the little one and I spend a ton of time together. Because I'm here, my daughter and her husband get out more. They come home to a homecooked meal. The grandkids bring so much joy. I could have had a great life right where I was. I loved it there and loved my friends. But I love giving my daugther a little extra freedom and support, and spending time with these precious kids. I don't know what I'll do if my son has kids. Right now what he needs from me is to give him the space to carve out his own life. We are fortunate to have so many ways to stay connected. We communicate mostly via text and IM which is a great way to stay in touch -- short little exchanges, observations about life that say so much about where he's at right now. We see each other a few times a year. Perfect for where he is in his life. I think you just have to love your kids just as they are, love yourself. Love your life.
redbud9
What's fair is fair
04:59 PM on 01/21/2013
What a wonderful situation. My Dad is with me now after my mother passed away a couple of months ago. She spoiled him rotten and at 85 he is used to having everything done for him and that that won't work at all in my house where he now lives. The best thing you are giving your daughter is her freedom...you are leading your own life and not depending on her for your entertainment and activities. My father wants to be with me 24/7 and to be honest, he's pretty much a stranger to me having lived away from him for a very long time.....I'm very stressed.
07:36 PM on 01/21/2013
How hard. He is also much older than I am. A lot of men of that age were used to that kind of lifestyle. Even in the best of situations it isn't always easy. Good luck to you as you try to navigate this.
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Tracyluvsu
Where Laughter and Logic Reign!
01:59 AM on 01/19/2013
I work in the financial planning business and run across these deadbeat kids all the time. They do nothing to help their parents when they are ill and they show up at the reading of the will to collect mom or dad's money. Occasionally they will miraculously appear six months before the parent dies to ensure they have not been written out of the will.

If I was the parent who had kids who couldn't be bothered to visit with me or spend any time with me, I sure wouldn't burden them with my money, I would give it all to a worthy charity.
05:59 PM on 01/19/2013
allow children to sue dead beat parents and parents who are just bad
equal justice under the law
redbud9
What's fair is fair
05:01 PM on 01/21/2013
You don't know what their relationship was over their entire lives so try not to judge. I always tell my kids that they are NOT entitled to what I leave behind....it is mine to do what I want and maybe I'll give it all to the ASPCA. THis way they expect nothing and anything they get is a true gift.
11:39 PM on 01/18/2013
I'm 55, and I see so many people who don't focus on their OWN lives, but instead make their children and/or grandchildren the center of their world. I think that, very often, people with kids could take a lesson from those of us who don't--the lesson being: Do something to enhance your OWN life" rather than relying on your kids and/or grandkids to do it. It doesn't occur to me that anyone "owes" me companionship, company, or whatever you want to call it. It's up to me to make my life meaningful.
redbud9
What's fair is fair
05:03 PM on 01/21/2013
Could you tell this to my father who has just come to live with me and my husband? He looks to us for all his entertainment and wants to be a part of everything I do. On the other hand, I want my privacy and am not looking for another person to take care of....
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Patient Zero
That is not a picture of me.
08:33 PM on 01/18/2013
I'm very lucky. My parents have been dead for 30 years.
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Patient Zero
That is not a picture of me.
08:31 PM on 01/18/2013
I can imagine what a happy visit it would be if you were sued to force you to go.
03:23 PM on 01/18/2013
If it gets to this point, it leads me to one question, where was the love in the family (particularly father, mother, children)?
02:23 PM on 01/18/2013
I am an American man who is married to a Taiwanese (Chinese) woman. So I see both sides to this.

The Chinese method is to have the family in one place, with the grandparents playing a huge role in the care of the grandkids -- walking them to school, picking them up, reading with them, consoling them, and often sleeping with them. The advantage is that older people always have a place to go, and a role that makes them important in the family. The downside is that everyone is involved in everything and there is less privacy. We live in America for most of the year, returning to Asia for the summers. Even with this my wife feels horribly guilty.

The American system gives a lot of autonomy to people, but doesn't impose that much guilt or shame for not spending time with parents. This allows privacy, self-expression, and no interference. I can eat half my breakfast and throw out the rest without my mother-in-law yelling at me.

There is no right or wrong, just different styles. The Chinese seem to be moving toward a more Western style, and it is rubbing against their traditional arrangements where older people are hugely important. As I get older, I tend to prefer the Chinese model. Actually, most Americans lived that way until the 1950s. Less loneliness and always a support network, even if family relationships are always difficult.

I don't think that these things can be legislated.
04:51 PM on 01/18/2013
I don't think it really died, what you explained is my family and i was born in 1984, i still live right next door to my grandparents and is hoping to buy a home just right down the street from both homes!
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cafebeege
09:38 PM on 01/18/2013
NMLOBO84....What your family lives is beautiful but rare in this country in the last 2-4 decades.

It is very sad that grandchildren will no longer really know and remember who their grandparents were. Even though life expectancy has risen, grandpaents now have become figures on a computer screen via Skype....;o/
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falco1998
02:22 AM on 01/19/2013
Very well said. I lived in Italy for 3 years and the Italians do the same thing. They even go so far as to build onto their houses to make room for sons and daughters and their families. I truly believe this life style is probably better. I carry the guilt around of not speaking to my grandmother and grandfather for years (they raised me) and they died leaving me with lots of questions and "I should haves." Along with their deaths went traditions, knowledge of our roots etc. Things I can't tell my grandchildren now. I wouldn't make it law, but I sure would encourage families to be close and to know your family history.
02:09 PM on 01/18/2013
What this article misses is that you can love your parents but still not like them.

When your parents stay stuck 50 years behind the current date, and insist on using insulting, racist and bigoted phrases to describe other folks, it's disturbing at best. When their political beliefs run opposite to your own and all they do is insult other beliefs, and insist on brining up politics in everything despite being asked politely to not discuss politics, it gets really, really hard to have any kind of caring conversation. When they then complain that you don't call enough, but can't be bothered to call you first, the pattern begins to come clear.

Some parents make it very, very difficult for their kids to even want to spend time with them.
06:37 PM on 01/18/2013
You have explained my parents rather well. Plus, can you legislate love?
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Party B
Split a piece of wood; I am there.
01:43 PM on 01/18/2013
Children have no responsibility to care for their parents in their old age. Children do not ask to be born, so putting legal expectations on someone you choose to have is crazy. And I have to commend the author for recognizing her own issue with her mother. You can not expect your children to care for you if you don't set the example.
12:09 PM on 01/21/2013
well said. Personally my mother abandoned me as a child and never really cared for me all my life. She was sending money time to time in order to not feel guilty but was too busy having her luxury life with my rich step-father. In a few words she's this type of individual who loves buying people's feelings and thus control their lives. She was never there when I graduated, when I had many joys.... she was just visiting time to time in order to criticize and control my life. I recently became a mother of a beautiful baby girl and now my mother feels like she can treat my child like a toy and give me advices on how to raise her..... She never took care of me as a baby, child, teenager, she was never there to give me constructive advices as a young adult and now she feels like she can help me raise my child. My feelings were never as important as hers, so why when parents who never took care of their children, should they have their kids care for them???? Kids also have rights too to ignore their parents, especially when they are too toxic.
12:17 PM on 01/21/2013
well said, I personally have a crazy mother with serious psychological disorders and this would be too toxic for my child to visit her. sometimes staying away from toxic people is better than forcing yourself believing they can change.....
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MoscowMoo
Mooing for a better America
11:26 AM on 01/18/2013
Wow, my kids aren't old enough yet to sue for not visiting me, but I'm wondering if I could take legal action to get them to clean their rooms?