Legal Question in Family Law in North Carolina

Legal matters are not the same as practical matters. First, the child is 16. As a practical matter, what are you going to do if he leaves home? Many police will not help because of the child's age. Legally, you are responsible for the child until heturns 18. If the child will not listen to you, then your option might be to have the child declared as an undisciplined juvenile. Then the child could be placed in foster care. Is that what you want?

At age 16, your child could also seek to be emanicipated. He would have to prove to the court that he is capable of being self-supporting and should be treated like an adult. If the court agrees, then the child will be on his own.

And, if a friend, relative or neighbor wants to take the child in and the child wants to go, the friend, relative or neighbor might bring a custody action against you.

What I propose is that you and the child sit down and talk if that is feasible. If another person wants the child to live with them, have that person present as well. Or have a neutral third party there. Air out all of the concerns. I know that you love the child and while he may be rebellious in thought, he probably did not think this whole thing through. Do not criticize the child, but make him aware of the consequences. With actions come responsibilities and consequences and the child needs to be aware of them. Find out what the real issue is - is it just teenage rebelliousness or something more? Maybe you and the child should go to a counselor or family therapist. I am not one and that is why you might need professional help.

If the child wants to go live with a friend/relative/neighbor, would this be feasible? Why not try it for 6 months if the child will be happy? It would give you a breather and you would not be butting heads with the child. I would only agree to this if the person that takes the child in appears responsible. He should not go live with a crack dealer or something like that. But if its the family of his best friend, it might be ok.

These are just some ideas to help resolve the situation. Maybe the child is the problem. In such case, keeping them is not always the answer and they might benefit from a stint in the juvenile system before it is too late. You need to see what is best for your situation.