§ 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
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§ 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.