Legal Question in Family Law in California
is a child going away to college required to have a move away order or is his residence legally still at his home base?College is out of state and dad does not cooperate with any requests. He will be 18 in 3 months.
2 Answers from Attorneys
If the child is going away to college and you are not the one moving with the child, it doesn' sound like a move-away order is necessary. Is the child wanting to move before his 18th birthday? Has the other parent complained that the child will be going to college out of State?
BARRY BESSER
www.besserlaw.com
In California, the court has an interest in the custody and visitation of a child, only until the child is emancipated, which occurs when the child reaches the age of 18 or graduates from high school. So, if the child is 18 and going off to college, then the court would make no order over visitation, custody or support as, in the court's eyes, the child is then, legally, an adult. Good luck!
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