Can I let my daughter move in with her mother if I have custody of her? How? 10 Answers as of August 25, 2015

I have custody of my 17 almost 18 year-old child. She wishes to move in with her mother so she'd be able to get some financial support for college. I refuse to aid her in paying for any tuition. Is it illegal for me to let her live with her mom before 18?

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Not only is it not legal for a change in custody to occur, but a 17 year old child can decide where she wants to live as long as it is not dangerous to her. FYI, you might be directed by a Court(as well as the mother)to contribute towards the costs of college, based upon financial ability to pay no matter which parent she resides with.
Answer Applies to: New York
Replied: 7/1/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Legal or illegal is much less relevant than practical. If she is nearly 18, she is not going to be subject to court orders about custody and placement much longer and in my experience courts are not much interested in making custody/placement or support orders which will last only a few months. Also as a practical matter you can't hold 17 year-old child down. If she wants to move in with her mother, you are not going to tie her up with a rope and hold her in your house. While her plan looks like a bit like extortion, let me suggest you ask yourself why you are unwilling to help your daughter with tuition? College education is very much the mode nowadays, and can help a young person in numerous ways. Most parents are willing to help.
Answer Applies to: Wisconsin
Replied: 7/1/2015
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
If there is a court order you must file for a modification of custody.
Answer Applies to: Georgia
Replied: 7/1/2015
Law Office of Martin A. Kahan | Martin A. Kahan
It depends on whether the court order is from family law court or dependency court. If in family law, you can agree to change the order. If in dependency court, you would need to modify the order by going back to court.
Answer Applies to: California
Replied: 7/1/2015
David A. Browde, P.C.
David A. Browde, P.C. | David Browde
That would be a no.
Answer Applies to: New York
Replied: 8/25/2015
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    No, if you are in agreement with the Mother, you can do whatever you like, as long as it doesn't somehow harm or endanger the child (which it doesn't sound like it would). I would suggest having something in writing, perhaps with a contingency for her return to you, if you want.
    Answer Applies to: Florida
    Replied: 6/30/2015
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Yes, you can let her move.
    Answer Applies to: Wisconsin
    Replied: 6/30/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It would be against the court's present order, I assume. There might be a support issue, but if all agree, and no one complains - why not. See an attorney for firm advice based on all of the facts.
    Answer Applies to: Michigan
    Replied: 6/30/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    No, it's not illegal. A court could easily order both of you to pay for college if anyone files before she finishes high school or turns 18.
    Answer Applies to: Washington
    Replied: 6/30/2015
    Peggy M. Raddatz
    Peggy M. Raddatz | Peggy M. Raddatz
    If you both agree then go to court and enter an Agreed Order.
    Answer Applies to: Illinois
    Replied: 6/30/2015
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