Legal Question in Family Law in Massachusetts

I have custody of our 17 year old daughter, from an out of state (west coast) disso judgment, which states that our home state laws will be used for all disso related questions. She is in her last year of high school, and we have lived in MA for 5 years now. Her father has little contact with her. She turns 18 half way through senior year. She basically makes my life complete misery, daily. How long am I required to let her live with me legally? She turns 18 six months before she graduates. Which laws matter here, our home state, or MA?


Asked on 9/10/15, 1:14 pm

1 Answer from Attorneys

Without reading the terms of the divorce decree, I cannot comment on what is required under its terms. She becomes a legal adult when she turns 18. If you make her move out, she will be entitled to child support from both you and your ex as long as she is a full time student and MA can exercise jurisdiction since you and your daughter have lived here 5 years.

If your daughter applies to college and goes full time, you can make her move out permanently, but she can bring a separate action for support against both you and your ex, including paying for college.

My advice is to allow her to graduate high school and if she goes to college then separate from her with the knowledge she will be entitled to support. If she does not go to college full time you can ask her to leave once she finishes high school and has reached the age of 18.

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Answered on 9/10/15, 1:46 pm


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