Dennis is a real menace. He’s a 16-year-old who always manages to find himself in a world of trouble.
His parents, Henry and Alice Mitchell, are concerned that their juvenile delinquent could create liability for them, especially when it comes to their neighbor, Mr. Wilson.
Dennis and Mr. Wilson don’t get along, and they have almost come to blows after Dennis destroyed Wilson’s lawnmower. Mr. Wilson suspects the kid may be on drugs. What can Henry and Alice do to protect themselves from a child gone
wild?
Henry and Alice Mitchell have good reason for concern. Under Louisiana law, parents are strictly liable for damage caused by their minor children who are under 18.
One of the Mitchells’ options is to legally “emancipate” their son. This type of emancipation doesn’t involve Abraham Lincoln, but simply means a minor child is no longer a minor in the eyes of the law and has the authority to enter into legal transactions, such as contracts.
Emancipation can occur when a minor reaches age 16 by judicial order, by marriage, or by an authentic act signed by the parents and the minor.
However, the Mitchells won’t be relieved of any liability for Dennis’ actions through an authentic act alone.
That can only be done by judicial emancipation or by marriage.
David Doughty is an attorney with the law firm of Cotton, Bolton, Hoychick & Doughty.
