Parent's Duty to Support a Minor

Cloubits · #1 05-30-2006, 08:51 AM

My little brother is 16. Recently, he has been running away a lot because dealing with my mom has been too much for him to take. It has been the same for ALL of her children, where previous children, including myself, have run away or moved out as soon as we were able to do so.

The most recent one, though, is that he ran away. My mother said that if he didn't come back, that she would not enroll him in highschool next year, thereby threatening him with a lack of a future due to lack of education. Then she would move away so that he wouldn't even have a home.

Can she really do that? I thought there was a law about education. If he had all his important records like SSC, driver's licence, and birth certificate, could he enroll himself?

I have encouraged him to get a job so he can support himself. Before, he would get a job, and my mom would go in and quit for him as a punishment if he didn't act right.

I have also said that, if he couldn't emancipate himself, that i could be labeled a guardian. but I have the feeling that our mother would have to be labeled unfit or relinquish rights of him to me. Considering that she just wants to punish, not help, him, I would think that would be very hard to do.

it seems Oklahoma does not have any real laws concerning emancipation. But I don't think it's right that she can ruin his life just because they didn't get along!

any ideas?

aaron · #2 05-30-2006, 09:32 AM

Oklahoma law provides,

Quoting Oklahoma Statutes, Title 10, §104. Support and education.

The parent entitled to the custody of a child must give him support and education suitable to his circumstances. If the support and education which the parent having custody is able to give are inadequate, the other parent must assist to the extent of his or her ability.

So your mother would be in violation of the law if she knowingly left your brother without support. At the same time, he needs to start acting in a more mature and responsible manner, particularly if he wishes to establish an independent household before the age of 18. He's creating a track record which does not suggest maturity in the ability to support himself or manage his personal life.