Legal Question in Family Law in Utah
Custody
My 16-year-old step-daughter wants to go live with her sister. We don't want to pay child support to the sister just because the 16-year-old doesn't want to live with us. Is there a way to allow the sister to have custody without her being able to sue us for child support?
We looked into the 16-year-old becoming emancipated, but she doesn't meet any of the qualifications as we can't get her to attend school or to get a job. We have also thought about signing custody of her over to the state as an ''ungovernable child''. Is this an option?
1 Answer from Attorneys
Re: Custody
You have problems with your daughter which appear would benefit with counseling. I assume that your other daughter is willing to have the 16 year old come to here home. Since she is exhibiting pretty independent behavior, there should be conditions (whether she stays or goes) (1) Go to school and maintain a certain GPA; or (2) Get her hish school equivalency degree and (3) get a job. Otherwise, tell her she is on her own.
As far as child support goes, you should assist your other daughter with support if you consent to the 16 year old going there. If she becomes a ward of the state you will have to pay support to the state.
Your best option at this point, based on what you have stated is a tough love approach. Get counseling. Note that these behaviors often accompany drug use, so be alert for that problem as well.
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