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?
3 Answers from Attorneys
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.
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.
Re: Joint custody of highschool student
Dear Inquirer:
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If you haven't already done so, please visit my
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http://home.pacbell.net/edbjr/ OR
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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.