Legal Question in Family Law in Massachusetts

daughter who want to be on her own at 17

single mom; my daughter will turn 18 feb 2010. She wants to live with her girlfriend who is 20. My ex wants to take me to court for custody. she doesn't want to live w/him. does she have any rights


Asked on 3/28/09, 9:42 pm

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: daughter who want to be on her own at 17

As a practical matter, neither you nor your husband can do much about this choice of your daughter. The court system's authority over her ends at 17; she can no longer be told that she MUST stay at home.

Also, if she moves, neither you nor your husband will likely be ordered to support her.

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Answered on 3/29/09, 8:22 am

Re: daughter who want to be on her own at 17

Once your daughter turns 18 she is a legal sdult and as such she can leave your home. However, if she is not attending school as a full time student, then child support stops.

As to requesting custody 11 months before reaching 18, unless your ex can demonstrate a major reason for taking physical custody it is not likely to be granted especially if your daughter objects. I assume your daughter does not have any major behavior issues, drug use, liquor use, criminal-juvenile issues.

As to your daughter's desire to move-out, unless she is a full time student neither you or your ex will have any financial obligation to her unless your separation agreement says something to the contrary.

Good Luck

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Answered on 3/29/09, 12:09 pm


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