TITLE 33
Probate practice and procedure

CHAPTER 33-15.1
Guardianship of Minors

SECTION 33-15.1-1


§ 33-15.1-1 Parents as joint natural guardians – Releases.

(a) The father and mother shall be the joint natural guardians of their minor children and shall be equally charged with their care, nurture, welfare and education; and they may be sued either jointly or separately for the support of their minor children. To the extent that any such minor child has property or an estate of his or her own, or that there is income or principal of any trust for his or her benefit, which may be used to provide the child with an education in a college, university or private school, the natural guardians shall not be obligated either jointly or separately to provide an education. The foregoing sentence shall not be deemed to create by implication any obligation to provide an education where none would otherwise exist. The natural guardians shall have equal powers and rights and neither shall have any right paramount to the right of the other concerning the custody of the minor children, and both shall be entitled to their services, and to their earnings, the payment of which to either parent shall be a valid and sufficient discharge to the employer of the children until after notice in writing has been given to him or her by both or either of the parents of their intention to both claim the earnings. Provided, however, this section and § 33-15.1-3 shall not affect the right of a probate court duly to appoint a legal guardian of the person and estate, or of the person or estate of any minor children, or the right of any court in the state, in any suit or proceedings duly brought or heard in the court, to make any order, decree, decision or judgment regarding the care, custody, education, estate or otherwise of any minor children, in which event the appointment of the probate court and the order, decree, decision or judgment of any other court shall supersede the natural guardianship insofar as the same shall be inconsistent with the appointment, order, decree, decision or judgment.

(b) A release given by both parents or by a parent or guardian who has the legal custody of a minor child or by a guardian or adult spouse of a minor spouse shall, where the amount of the release does not exceed ten thousand dollars ($10,000) in value, be valid and binding upon the minor.

History of Section.
(P.L. 1992, ch. 493, § 5.)