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 Dakota, 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 are also generally unable to enter into legally binding contracts. However, South Dakota does provide a legal process for emancipation, which allows a minor to gain adult status before reaching the age of majority. Emancipation can be granted if the court determines it is in the best interest of the minor, and the minor is able to handle adult responsibilities. This process typically requires the minor to file a petition with the court, and it is often initiated at the age of 16 or 17. Once emancipated, a minor has the legal capacity to make decisions and enter into contracts as an adult would.