Full question:
What are the responsibilities of the father, who has full legal custody, of a 15 year old son, who lives with his mother. Father lives in N.C. Custody determined by N.C. courts (divorce agreement/decree). child is ungovernable by mother, father wants nothing to do with him. Mother wants him returned to father.
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: South Carolina
Answer:
Sole custody is both legal and physical custody by one parent. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. A parent who has full custody has a duty of custody and support of the child until he reaches the age of majority or becomes emancipated. If the child petitions for emancipation, the court will consider several factors including the parents' need for the minor's earnings as well as the minor's ability to accept adult responsibilities in determining the best interests of the minor. Typically, emancipation is granted so that the child may live independently and be self-supporting. If a child wishes to continue living with a parent and be supported by that parent, emancipation is not the proper remedy for the minor. If the emancipation is granted, the minor is no longer owed a duty of support from the parents.
The following is a NC statute:
§ 7B-3504. Considerations for emancipation.
In determining the best interests of the petitioner and the need for
emancipation, the court shall review the following considerations:
(1) The parental need for the earnings of the petitioner;
(2) The petitioner's ability to function as an adult;
(3) The petitioner's need to contract as an adult or to marry;
(4) The employment status of the petitioner and the stability of the
petitioner's living arrangements;
(5) The extent of family discord which may threaten reconciliation of
the petitioner with the petitioner's family;
(6) The petitioner's rejection of parental supervision or support; and
(7) The quality of parental supervision or support.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
