Q: Once my son turns 18, can he move wherever he wants even though he has one more year in High School?
Currently living in Florida. My ex-wife has custody of my 17-year-old son. I have him every other weekend and for several weeks in the summer. With his mother’s permission, this summer I am taking him to Washington State to build a house. I will be getting married and moving there. Before he is due to return, he will turn 18 years old. He has already expressed his desire to remain in Washington and finish his last year in High School there. Does his mother have anything legally that she can do? Do I need to do anything with the court before I go?
Once your son turns 18 the court can no longer make a custody determination as he is an adult who can choose where to live.
A: Your question raises two points. Yes, your son is emancipated at 18 and can move; however, if you have a child support obligation that goes until high school graduation then you would be legally obligated to continue to pay unless you return to court and ask for a modification. There is also the issue of shared parental responsibility regarding school. Whatever you do you should clearly communicate everything directly to the mother. Do not try to hide anything.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.