What rights do I have to force my teen daughter to live at home until of age?
Full Question:
My 17 year old daughter does not want to live at home because we will not let her drink or smoke. A friends mother said she can move in with her? What rights do we have as parents to keep the child in our home?
05/11/2009 |
Category: Minors |
State: South Carolina |
#16638
Answer:
A parent has a right of custody and control until a child becomes emancipated. It is not the child's right to decide where to live. It is possible to give another a power of attorney for custody and care.
The following are SC statutes:
§ 63-5-30. Rights and duties of parents regarding minor children.
The mother and father are the joint natural guardians of their
minor children and are equally charged with the welfare and education
of their minor children and the care and management of the estates of
their minor children; and the mother and father have equal power,
rights, and duties, and neither parent has any right paramount to the
right of the other concerning the custody of the minor or the control
of the services or the earnings of the minor or any other matter
affecting the minor. Each parent, whether the custodial or noncustodial
parent of the child, has equal access and the same right to obtain all
educational records and medical records of their minor children and
the right to participate in their children's school activities unless
prohibited by order of the court. Neither parent shall forcibly take a
child from the guardianship of the parent legally entitled to custody
of the child.
§ 63-5-20. Obligation to support.
(A) Any able-bodied person capable of earning a livelihood who shall,
without just cause or excuse, abandon or fail to provide reasonable
support to his or her spouse or to his or her minor unmarried legitimate
or illegitimate child dependent upon him or her shall be deemed guilty of
a misdemeanor and upon conviction shall be imprisoned for a term of not
exceeding one year or be fined not less than three hundred dollars nor
more than one thousand five hundred dollars, or both, in the discretion
of the circuit court. A husband or wife abandoned by his or her spouse is
not liable for the support of the abandoning spouse until such spouse
offers to return unless the misconduct of the husband or wife justified
the abandonment. If a fine be imposed the circuit court may, in its
discretion, order that a portion of the fine be paid to a proper and
suitable person or agency for the maintenance and support of the
defendant's spouse or minor unmarried legitimate or illegitimate child.
As used in this section "reasonable support" means an amount of financial
assistance which, when combined with the support the member is reasonably
capable of providing for himself or herself, will provide a living
standard for the member substantially equal to that of the person owing
the duty to support. It includes both usual and unusual necessities.
(B) Any person who fails to receive the support required by this
section may petition to a circuit court of competent jurisdiction for
a rule to show cause why the obligated person should not be required
to provide such support and after proper service and hearing the
circuit court shall in all appropriate cases order such support to be
paid. Any such petition shall specify the amount of support required.
Compliance with the circuit court order shall bar prosecution under
the provisions of subsection (A) of this section.