Legal Question in Family Law in California

Joint custody of highschool student

Have joint 50/50 custody of daughter who is 17 will be 18 in her senior year. She will be considered an adult, may she choose to move out of area with one of us even though she is a fulltime highschool student but the legal age of 18. Does the custody issue stop when she turns 18, or does she need to graduate before. By leaving area I do not mean out of state only county. Basicly can we move when she has her birthday without repicusions?


Asked on 2/22/01, 1:34 am

3 Answers from Attorneys

Edward Lindley Edward Lindley, Attorney at Law

Re: Joint custody of highschool student

I agree with Matt. She can move w/o anyone's permission, including yours. The sole concern with high school is related to the fact that not every child turns 18 the month they graduate, so this law was to address the situation where the child is an adult (over 17) and still living with a parent for the purpose of attending high school.

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Answered on 4/05/01, 8:48 pm
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Joint custody of highschool student

When she turns 18, SHE can move wherever she wants. Does not matter if she has or has not finished HS.

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Answered on 4/04/01, 5:01 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Joint custody of highschool student

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, as well

as information about me (education, experience,

et cetera) and my office (location, hours, fees,

policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry. That notwithstanding,

Generally, either party may relocated with a minor child, if the judgment

does not prohibit or limit same, or by mutual agreement with the other party. Otherwise, one of the parties will need to go to court to get an

order either allowing the relocation or preventing it. Normally, a county to county

move within CA is pretty difficult to prevent. You probably would

have to so detriment to the child.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 4/04/01, 5:29 pm


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