What Age Can You Leave a Child Home Alone?

As family law attorneys, we are often asked if there is a certain age when a child is permitted to be home alone. For families going through separation and divorce, this can especially be a concern because as a single parent, it is harder to have “back-up” childcare without a spouse at home. Your child may end up solo at home unexpectedly. Divorced parents may differ on their comfort levels or opinions of at what age it is appropriate for a child to be left at home alone. If your co-parent believes a child is not ready to be left at home alone and you begin to leave that child home alone, it may cause issues in your custody case or even lead your co-parent to request a modification of custody. If possible, it is always best to get on the same page with your co-parent about whether your child is ready to be left home alone.

Before kids of any age stay home alone, be sure to discuss the safety ground rules at your house. For instance, be clear on whether the child is permitted to cook or microwave food while you’re gone, if they are permitted to open the door to friends and neighbors or should not open the door to anyone (even if they know them!), and if they are allowed to use devices or screens while you’re gone. Before your child ever stays home alone, ensure your child has a reliable way to contact you and knows what do to if there is an emergency. Once you believe your child is ready to stay home alone, you might want to have your child practice staying home alone for increasing time increments of 15 or 30 minutes and have your child call and check in with you to make sure everything is going well. With modern video calling technology, a parent or trusted adult is never too far away.   

Before you allow your child to stay home alone, it is important to consider your child’s age, individual maturity level, personal responsibility and trustworthiness, proximity to helpful adult neighbors, among other factors. Some 11-year-olds may be responsible enough to be home after school for an hour until you get home from work and some 13-year-olds may not be. Whether a child should stay home unattended is a parenting decision based on your child’s individual personality, traits, and preparedness.

There is no law in North or South Carolina that specifies the age when a child may be left unattended at home. In North Carolina, there is a fire code statute (N.C.G.S. § 14-318) which makes it a criminal offense to leave a child under age 8 locked or confined in a dwelling unattended by an adult. Per this statute, it would not be permissible to leave a child under the age of 8 at home unattended in North Carolina, because most parents would absolutely lock the doors of the house to keep their child safe. In South Carolina, it is unlawful for a parent to place a child at unreasonable risk of harm affecting the child’s life, physical or mental health, or safety (S.C. Code §63-5-70) and a parent could face neglect charges if found to have placed a child at unreasonable risk of harm. Some might interpret leaving a young child at home alone as “unreasonable risk of harm,” which would affect the safety of the child.

​If you are facing custody issues with your co-parent over decision making like whether or not your child is allowed to be at home alone and aren’t sure how to resolve them, please reach out to our office for a consultation.
     

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