§ 33-15.1-1 - Parents as joint natural guardians – Releases.
SECTION 33-15.1-1
§ 33-15.1-1 Parents as joint naturalguardians – Releases. – (a) The father and mother shall be the joint natural guardians of their minorchildren and shall be equally charged with their care, nurture, welfare andeducation; and they may be sued either jointly or separately for the support oftheir minor children. To the extent that any such minor child has property oran estate of his or her own, or that there is income or principal of any trustfor his or her benefit, which may be used to provide the child with aneducation in a college, university or private school, the natural guardiansshall not be obligated either jointly or separately to provide an education.The foregoing sentence shall not be deemed to create by implication anyobligation to provide an education where none would otherwise exist. Thenatural guardians shall have equal powers and rights and neither shall have anyright paramount to the right of the other concerning the custody of the minorchildren, 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 dischargeto the employer of the children until after notice in writing has been given tohim or her by both or either of the parents of their intention to both claimthe earnings. Provided, however, this section and § 33-15.1-3 shall notaffect the right of a probate court duly to appoint a legal guardian of theperson and estate, or of the person or estate of any minor children, or theright of any court in the state, in any suit or proceedings duly brought orheard in the court, to make any order, decree, decision or judgment regardingthe care, custody, education, estate or otherwise of any minor children, inwhich event the appointment of the probate court and the order, decree,decision or judgment of any other court shall supersede the naturalguardianship 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 orguardian who has the legal custody of a minor child or by a guardian or adultspouse of a minor spouse shall, where the amount of the release does not exceedten thousand dollars ($10,000) in value, be valid and binding upon the minor.