Minor children (under the age of 18) are generally subject to the control and decision-making of their parents or legal guardians until they reach the age of majority (generally 18-19). This means that minor children are not able to override the decisions of their parents on life matters such as where the child lives, whether the child can leave the house on Friday night, whether the child can get married, and whether the child can work outside the home. And the law does not consider minor children able to enter into legally enforceable contracts.
But many states allow for a minor child to become emancipated and assume the responsibilities of adulthood under limited circumstances—usually beginning at age 16-17. Minor emancipation laws vary from state to state, and the process is usually initiated by filing a lawsuit “to remove the disabilities of minority.”
In South Carolina, the age of majority is 18, at which point individuals are considered adults for most legal purposes. Until reaching this age, minors are under the control and decision-making authority of their parents or legal guardians. This includes decisions about living arrangements, social activities, marriage, and employment. Minors in South Carolina generally cannot enter into legally binding contracts. However, South Carolina law does provide for the emancipation of minors under certain circumstances. Emancipation grants a minor many of the rights and responsibilities of adulthood. To become emancipated, a minor typically must be at least 16 years old and demonstrate the ability and maturity to manage their own affairs. The process involves petitioning the family court and proving that emancipation is in the best interest of the minor. Once emancipated, a minor can make legal decisions for themselves, such as signing contracts and making healthcare decisions, without parental consent.