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 means one parent has both legal and physical custody of the child. Legal custody allows the custodial parent to make decisions about the child's welfare, while physical custody determines where the child lives. A parent with full custody has a duty to support the child until they reach the age of majority or become emancipated.
If a child seeks emancipation, the court evaluates several factors, including the parents' need for the child's earnings and the child's ability to handle adult responsibilities. Emancipation is typically granted if the child can live independently and support themselves. However, if the child wishes to continue living with a parent and receive support, emancipation is not the appropriate solution. Once granted, emancipation ends the parents' duty to support the child.
In North Carolina, the court considers the following when determining the best interests of a child seeking emancipation (N.C. Gen. Stat. § 7B-3504):
- The parents' need for the child's earnings;
- The child's ability to function as an adult;
- The child's need to enter contracts or marry;
- The child's employment status and living stability;
- The level of family discord that may affect reconciliation;
- The child's rejection of parental supervision or support; and
- 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.