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  1. #1
    Join Date
    Jul 2013
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    Default When Child Graduates High School Are They No Longer a Minor

    My question involves a child custody case from the State of: CA

    Question my child is 17 and graduated high school in June. He is going off to college in August. Right now the child is with me (per our divorce decree) in another state and wishes to not return to the other parents house. Does the child need to return or is the child considered emancipated since the child graduated high school? The child turns 18 in September and wishes to have me take them to college. Thanks

  2. #2
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: When Child Graduates High School Are They No Longer a Minor

    In only two states, neither of which is California, does graduation from high school (when under the age of 18) confer majority. In the large majority of states, including CA, the age of majority is 18, regardless of high school.

  3. #3
    Join Date
    Jul 2013
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    5

    Default Re: When Child Graduates High School Are They No Longer a Minor

    So if the child has already graduated and is here for the summer. Since school is over does the child have to return the home state since there is no school that is required for him to attend? College is not a mandatory school. The child doesn't wish to return. Wouldn't the visitation section in the divorce decree now be done since the child is done with schooling?

  4. #4
    Join Date
    Dec 2009
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    Default Re: When Child Graduates High School Are They No Longer a Minor

    If the divorce decree says the child can stay with you after he graduates from high school, then the child can stay with you after he graduates from high school.

    If the divorce decree says the child has to go to the other parent's until he turns 18, then he has to go to the other parent's until he turns 18.

  5. #5
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: When Child Graduates High School Are They No Longer a Minor

    Until the child is 18, the court order dictates where the child is to be. It is unlikely the other parent will push the issue over staying, however, they might over the support it supplies. What did they say when you approached them about it?

  6. #6
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    Apr 2009
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    Default Re: When Child Graduates High School Are They No Longer a Minor

    Nope. The visitation order stands right up until the child turns 18.

  7. #7
    Join Date
    Jul 2013
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    5

    Default Re: When Child Graduates High School Are They No Longer a Minor

    The decree says neither of those things. Just visitation 15 days after school lets out for the summer and returns 15 days before the first day of school. So since the child graduated high school has no school to return to for the 15 days prior, the child shouldn't have to return, correct? Yes the child is going to college but that's by choice not because its required of them to go.

  8. #8
    Join Date
    Apr 2009
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    Default Re: When Child Graduates High School Are They No Longer a Minor

    No, that's NOT correct.


    That means there's simply no more visitation and kiddo stays home the whole time.

  9. #9
    Join Date
    Jul 2013
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    5

    Default Re: When Child Graduates High School Are They No Longer a Minor

    Stays home where? With parent in CA which was the main custodial parent or the parent in IL? The child is in IL right now and doesn't wish to return to parent in CA. So by law the child can stay here in IL, right?

  10. #10
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
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    Default Re: When Child Graduates High School Are They No Longer a Minor

    No. The child goes back home to CA and stays there until s/he turns 18.

    I'm not sure why this is so hard to get?

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