Definition

• "American Jurisprudence" describes the emancipated child as one who has the ability to provide for his own care, support and maintenance. Additionally, the child's parents have freely and voluntarily elected to allow him to establish a home of his own and to use his earnings as he sees fit. Whether or not a child's circumstances justify emancipating him is determined on a case-by-case basis.
  
  

Automatic Emancipation

• A child is automatically considered to be legally emancipated when he reaches the age of majority, which is age 18 in South Carolina. A married child would also be considered emancipated. In South Carolina a child must have a parent's or guardian's consent to marry if she is under the age of 18. Marriage licenses can only be issued to persons who are at least 16 years of age. A child engaged in active military service is automatically emancipated.
  
  

Explicit and Implied Emancipation

• Parker v. Parker, a frequently-referenced South Carolina case, established that emancipation of a minor requires the agreement of the parent or guardian. The agreement can be explicit (put into words) or implied (shown from the circumstances). It can be complete emancipation or partial (restricted as to time, rights, earnings, etc.).
  
  

Incorrigible Children

• The South Carolina statutes allow a parent or guardian to exclude a child from the family home if he is "incorrigible" (meaning he has placed himself beyond parental control) and the child is 17 years of age. The statute says the parents or guardians are immune from prosecution for neglect, cruelty, child support, housing and similar lawsuits. There must be a "demonstrable record" showing incorrigibility for the statute to apply.
  
  

Parental Responsibility Beyond Age 18

• South Carolina Code Section 63-3-530(17) contains exceptions to automatic emancipation at age 18. The Family Court has discretion to order support beyond age 18 if the child has a mental or physical disability. The Code also gives the Family Court the power to extend support under "other exceptional circumstances." The period of support is for as long as the disability or exceptional circumstances exist. There can be a delay in emancipation up to 19 years of age for completion of high school. Voluntary agreements may also extend the parental obligation to support the child.