Legal Question in Family Law in North Carolina

I am the custodial father of a 15 year old boy who will not turn 16 until this December 2013. Me and his mom offically divorced in 2002. She doesn't spend much time with him but apparently, he listens to her more than he does me. For some reason, she has put into his head that he doesn't have to follow the rules of my house, the house he lives in. He has no job and no transportation but she has put into his head that when he turns 16, he can move out. From my research, the only way he can do that is to be emancipated but she keeps saying I a wrong. She lives in a place where he can't go live with her. Will somebody please tell me the true facts on this.

Asked on 8/10/13, 1:41 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

Sounds like someone needs spanking. Your ex is wrong. The child can not legally choose to up and leave your care until he is 18, emancipated or otherwise court ordered. Emancipation most likely won't happen unless you consent. If he does leave, the sheriff's department will be happy to pick him up and bring him back. However, the root problem of him not listening to you and not following the rules is your fault not mom planting thoughts into his head. Had I ever told my father I'm not going to do something, I might have gotten out the words 'I'm not ...' and then I would have been picking myself up off the floor. If the child is not conducting himself as he is supposed to it, is on you as the parent to man up and take appropriate measures to correct the behavior - this correcting can take many forms ranging from simply talking to the child to cast iron frying pan to the head. If you're the type of parent who mistakenly believes it is wrong to beat the crap out of your child - then you're the type of parent who may have to deal with a defiant little punk.

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Answered on 8/12/13, 8:42 am

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