Emancipation in South Carolina

[Bobby Webber]

Jurisdiction

South Carolina

Hi, I live in South Carolina. I turn 18 in 7 months but I want to get emancipation now. I can make about $10000 a month selling powersports but my parents won't let me. I have about $40000 in the bank and about 2000-2500 comes in every 2 weeks for my Amazon business. Also I take money out sometimes to buy inventory of course. I have done some research and can't find much of an answer on the process of emancipation. The magistrate had no information for me and all law firms want me to come in and sit down with them, I'd prefer to know the process before paying $500 to do that. If anybody can help I'd Greatly appreciate it. Thank you

 

[flyingron]

Ain't going to happen. Your parents would have to consent.

Despite what you think you know.about that term from your eighth grade social studies class, emancipation isn't a method to escape parental "enslavement," but rather the recognition that an already independent minor needs relief from certain things (like the ability to enter into contracts) that are denied them because of their age.

Even if your parents consented, you'd probably be 18 by the time the order was issued. Emancipation actions aren't considered a priority for scheduling.

 

[Zigner]

There appears to be no such legal action (emancipation) in South Carolina. When you turn 18, you will be emancipated. I'm a bit surprised you weren't able to learn this with a simple web search.

 

[zddoodah]

I want to get emancipation now.

Why?

I can make about $10000 a month selling powersports but my parents won't let me.

Then I don't imagine they'll sign off on you being emancipated. If that's correct, then you'll just have to wait the seven months until you turn 18.

I have about $40000 in the bank and about 2000-2500 comes in every 2 weeks for my Amazon business.

All of which legally belongs to your parents until you're an adult.

 

[Zigner]

All of which legally belongs to your parents until you're an adult.

South Carolina allows for a person of the OP's age to have their own bank account without a parent being involved.

For example, here is a link to a Wells Fargo page that explains how a teen would open their own account:
Student and Teen Banking | Wells Fargo


And here is information I obtained from csbs.org/statutory-requirements-opening-bank-accounts-minors:

SC Code § 34-11-20 (2013)
A bank may accept deposits of and pay out deposits upon a check or other order of a minor and act in any other matter with respect to the deposits of a minor with the same effect as if dealing with a person of full legal capacity.
Credit Union SC Code § 34-26-740 (2015)
Payments on share accounts may be received from a minor who may withdraw funds from such accounts including the dividends and interest thereon. Payments on share accounts by a minor and withdrawals thereof by the minor shall be valid in all respects. For such purposes a minor is deemed of the age of majority.
Savings Bank SC Code § 34-30-1620 (2013)
A state savings bank operating under this chapter and a federal savings institution conducting business in this State may accept a savings or other deposit account from a married person or minor as the sole and absolute owner of the account, receive payments by or for the owner, pay withdrawals, accept pledges to the state savings bank, and act in other matters with respect to the account of the married person or minor. A payment or delivery of rights by a state savings bank to a married person or by a minor who holds a deposit account is a valid and sufficient release and discharge of the state savings bank for payment so made or delivery of rights to the married person or minor. In the case of the minor, the receipt, acquittance, pledge, or other action required by the state savings bank to be taken by the minor is binding upon the minor with like effect as if he were of full age and legal capacity. The parent or guardian of the minor shall not in his capacity as parent or guardian have the power to attach or otherwise transfer a savings account issued to or in the name of the minor. However, if the minor dies, the receipt or acquittance of either parent or guardian of the minor is a valid and sufficient discharge of the state savings bank for a sum not exceeding, in the aggregate, two thousand five hundred dollars unless the minor had given written notice to the state savings bank to accept the signature of the parent or guardian for a larger sum.
HISTORY: 1997 Act No. 90, Section 1, eff June 10, 1997.

 

[flyingron]

There appears to be no such legal action (emancipation) in South Carolina. When you turn 18, you will be emancipated. I'm a bit surprised you weren't able to learn this with a simple web search.

Well the court can determine the child to be emancipated, but it doesn't do what he wants. It just frees the parents from their support obligation, but again it takes the child being already independent (or married or in the military).

 

[adjusterjack]

I turn 18 in 7 months but I want to get emancipation now. I can make about $10000 a month selling powersports but my parents won't let me.

I think your parents are handling this wrong.

If you were my kid it would go like this:

Son, you're emancipated. Here's the door. Go find yourself an apartment, pay your deposit and first months rent. Sign up with the utility company. Come back and get your stuff. Oh, wait, give me my car keys. You're emancipated. You'll have to arrange for your own transportation. Buy a car, buy insurance. Meantime, call Uber and have them drive you around. Oh, my cell phone that you're using. Give it here. Make your first stop Walmart and get a prepaid phone. You're emancipated. You have all the rights, privileges, and obligations of an adult now. Use them wisely. Meantime, until you get settled, pay us $200 per week for room and board.

 

[Bobby Webber]

Why?



Then I don't imagine they'll sign off on you being emancipated. If that's correct, then you'll just have to wait the seven months until you turn 18.



All of which legally belongs to your parents until you're an adult.

Sorry I forgot to say, they are willing to sign the papers. They are totally fine with me getting emancipated. Also I don't hate my parents. I know they wouldn't take my money. And to be clear I do have 2 cars and my money I've earned myself. Money is not an issue with emancipation for me I'd prefer not to pay a lawyer but I would if I had to

 

[Bobby Webber]

I think your parents are handling this wrong.

If you were my kid it would go like this:

Son, you're emancipated. Here's the door. Go find yourself an apartment, pay your deposit and first months rent. Sign up with the utility company. Come back and get your stuff. Oh, wait, give me my car keys. You're emancipated. You'll have to arrange for your own transportation. Buy a car, buy insurance. Meantime, call Uber and have them drive you around. Oh, my cell phone that you're using. Give it here. Make your first stop Walmart and get a prepaid phone. You're emancipated. You have all the rights, privileges, and obligations of an adult now. Use them wisely. Meantime, until you get settled, pay us $200 per week for room and board.

That is exactly how it would go, but I pay for all my stuff already. I bought 2 cars a 2009 f-150 and 2016 Camaro ss. Paid cash for both. I pay insurance gas etc. they do pay my phone bill but that's not an issue

 

[Bobby Webber]

Well the court can determine the child to be emancipated, but it doesn't do what he wants. It just frees the parents from their support obligation, but again it takes the child being already independent (or married or in the military).

How do I go about this?

 

[adjusterjack]

Sorry I forgot to say, they are willing to sign the papers. They are totally fine with me getting emancipated.

Why did you give us the impression that they were against the idea?

You wrote:

I want to get emancipation now. I can make about $10000 a month selling powersports but my parents won't let me.

You have a business, you've bought cars and insurance, you have a bank account. You seem to have already overcome much of what is called the "disabilities" of being a minor.

South Carolina Code > Title 63 > Chapter 5 > Article 3 – Legal Capacity of Minors » LawServer

Explain what you think emancipation is and what you want to do that you can't do right now.

 

[Bobby Webber]

Why did you give us the impression that they were against the idea?

You wrote:



You have a business, you've bought cars and insurance, you have a bank account. You seem to have already overcome much of what is called the "disabilities" of being a minor.

South Carolina Code > Title 63 > Chapter 5 > Article 3 – Legal Capacity of Minors » LawServer

Explain what you think emancipation is and what you want to do that you can't do right now.

Sorry that was my bad, they don't want me selling four wheelers which makes me good money here, but they are fine if I want to get emancipated I just can't figure out the process of how. I've heard some people have done it here but there's no formal process really. To be honest I really just want to move down to florida and sell four wheelers.

 

[Zigner]

Sorry that was my bad, they don't want me selling four wheelers which makes me good money here, but they are fine if I want to get emancipated I just can't figure out the process of how. I've heard some people have done it here but there's no formal process really. To be honest I really just want to move down to florida and sell four wheelers.

One of the hallmarks of true maturity is patience. Why waste the time and money on emancipation (which I don't think there really even is such a thing in your state) when, at best, it's going to gain you a few months, tops?

 

[army judge]

I've heard some people have done it here but there's no formal process really. To be honest I really just want to move down to florida and sell four wheelers.

I beg to differ about SC emancipation.

SC appears to the state that merely requires parent(s) or guardian(s) and the child ALL agree to the minor's emancipation. Read on, if you wish, to learn MORE about emancipation in SC.

Read on, if you wish.

Who is a "child" in South Carolina?
Age restrictions that affect the definition of a "child" may vary from issue to issue. Here is a list of the common areas of the law that affect children.

General
South Carolina law states that a child is a person under the age of 18. However, when used in the context of delinquency and criminal acts, "child" refers to a person who is under 17 (under 16 for some serious crimes). Children involved in delinquency proceedings are often referred to as "juveniles." A child is considered to be an adult when they reach the age of majority. "Age of majority" is the age, defined by law, at which a person gains all the rights and responsibilities that come with being an adult.

<=========================>
SECTION 63-1-40. DEFINITIONS
http://www.scstatehouse.gov/code/t63c007.php
......

Juvenile justice
If you are accused of violating a criminal law and you are at least 17 years old (16 for certain serious crimes), you will be treated as an adult. In South Carolina, if you break the law while you are under the age of 17 (or under 16 for some serious crimes), you are treated as a juvenile. Juveniles who are charged with a criminal offense go to the family court. In family court, a juvenile has the right to have an attorney and the right to a hearing before a family court judge, but a juvenile does not have the right to a jury trial.

SECTION 63-19-20. DEFINITIONS
http://www.scstatehouse.gov/code/t63c019.php
.........

Emancipation
When a person reaches the age of majority, they are said to be "emancipated." Generally, emancipation is that point in time when parents are no longer legally responsible for their children,and children are no longer legally required to answer to their parents. It is when parents no longer have to provide a person with food, clothing, medical care and education. The age of majority in SC is 18.

There are times when a person under the age of majority is treated as an adult and thus, emancipated. A child may be emancipated earlier when there is an agreement between the parent and child that the child is able to provide for herself/himself and therefore, may leave the home and take control of her/his own life. You may also be emancipated when you get married.

Contracts
In general, a child cannot enter into a contract or other legally binding agreement. However, if a child enters into a contract while they are under age 18, they can make it legally binding by agreeing to the contract in writing (called ratification) when they turn 18 years old. One exception is that ability to sign a contract to borrow money to attend an institution of higher education. A child can own and transfer title to property and may also have a bank account but most banks require that you be 15 years old to have an account by yourself.

SECTION 63-5-500. "SOUTH CAROLINA UNIFORM GIFTS TO MINORS ACT"

SECTION 63-5-310. RATIFICATION OF MINOR'S CONTRACTS

SECTION 63-5-320. MINOR'S CAPACITY TO BORROW FOR HIGHER EDUCATION

Alcohol
A person must be 21 years of age to purchase or possess beer, wine or alcoholic beverages. It is also against the law for a person under age 21 to present a false identification (fake I.D.) of his or her age in order to purchase beer or alcohol.

SECTION 61-4-50. SALES TO UNDERAGE PERSONS

Tobacco
It is a crime for anyone to sell or give tobacco or tobacco products to a person under the age of 21. It is also a noncriminal, civil offense for anyone under 21 to purchase or possess tobacco products. Anyone under 21 who violates this law may be fined; may be ordered to complete a smoking cessation class or community service; or may have his or her driving privileges delayed, suspended or restricted.


Who is a Child? | South Carolina Bar
............

 

[Zigner]

An added wrinkle is that the OP wants to move to Florida. Would an SC emancipation even be recognized in FL, or would the child need to also petition the court there? Further to that, at what point would the court in Florida even have jurisdiction over such a matter?

 

[army judge]

If you were my kid it would go like this:

Son, you're emancipated. Here's the door. Go find yourself an apartment, pay your deposit and first months rent. Sign up with the utility company. Come back and get your stuff. Oh, wait, give me my car keys. You're emancipated. You'll have to arrange for your own transportation. Buy a car, buy insurance. Meantime, call Uber and have them drive you around. Oh, my cell phone that you're using. Give it here. Make your first stop Walmart and get a prepaid phone. You're emancipated. You have all the rights, privileges, and obligations of an adult now. Use them wisely. Meantime, until you get settled, pay us $200 per week for room and board.

You've described the process for emancipation in SC accurately, focusing upon the agreement between parent(s) and child.

 

[Bobby Webber]

You've described the process for emancipation in SC accurately, focusing upon the agreement between parent(s) and child.

I just don't understand how I even start the process, do I just go to the magistrate and file a case?

 

[Bobby Webber]

One of the hallmarks of true maturity is patience. Why waste the time and money on emancipation (which I don't think there really even is such a thing in your state) when, at best, it's going to gain you a few months, tops?

It can make me about $50000 extra and help me get more funds for my online business, also I like riding dirt bikes mountain bikes, and off-roading. There is hardly any of that where I live and lots in florida

 

[adjusterjack]

they don't want me selling four wheelers which makes me good money here, but they are fine if I want to get emancipated

Then it's the endeavor, not emancipation, that's the issue. Selling four wheelers carries some legal requirements and risk liability. You'll need a dealer license, maybe a bond. You'll need liability insurance. You'll need to collect and remit sales taxes where applicable. The liability issue may spill over on to your parents if you are doing business out of their house even if you do become emancipated. You'll have similar issues in any state to which you relocate.

The only thing emancipation will do for you is give you a greater ability to make contracts with others because emancipation holds you liable for the contracts you make whereas now, as a minor, you have the right to disavow contracts.

Emancipation doesn't give you the right to go out and do anything you want. There will always be limitations, even when you are an adult.

 

[Zigner]

It can make me about $50000 extra and help me get more funds for my online business, also I like riding dirt bikes mountain bikes, and off-roading. There is hardly any of that where I live and lots in florida

SMH - you're not getting it. Emancipation is not instantaneous. I would expect that you are looking at 4-6 months for the process to be completed (admittedly, that is a guess). If the process takes 6 months, then you're looking at 1 month of additional income. Subtract from that your legal costs and you will see why patience may be your best route.