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Parental kidnapping happens when one parent takes their child without the consent of the other parent.
If one parent wants to take a child on an out of state vacation and the other parent will not give permission, then the parties may have to petition the court to settle the matter.
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.
There are no laws against doing this. But relatives without guardianship may not be legally responsible for the education. The parents should still do the paperwork and testing according to their state's homeschool laws and requirements.
To homeschool in South Carolina, you must have at least a high school diploma or GED and teach at least 180 days per year. In addition, you must teach the following required subjects: reading, writing, math, science, social studies, and, in grades 712, composition and literature.
According to SC homeschool laws, parents or guardians are permitted to homeschool in South Carolina. Each homeschool must register with an accountability option to be compliant with the code of laws. The homeschool may register with: the local school district OR an independent accountability association.
The only circumstances where the law does not apply where the parents are not married and the other parent did not sign the birth certificate. In such a case, the child is considered to have only one legal parent and, as such, does not need permission from the other parent or the court to move out of Massachusetts.
What should a parent do to stop the other parent from moving away? If your child's other parent wants to move away, taking the child with them, you can apply to the Family Court for a guardianship direction or a Parenting Order or both, preventing the child being moved.
Here in South Carolina, the age of consent is 16-years-old. South Carolina's age of consent law means that a child under the age of 16 CANNOT legally consent to sex, and if someone age 18 or older has sex with a child under the age of 16, he or she can face serious criminal charges.
Although custodial parents have the right to relocate with their minor children within South Carolina without a court order, planning to move out-of-state requires permission from the other parent and a judge. If the noncustodial parent doesn't approve of the potential move, they must ask the court to deny the request.