What can I do if my non-custodial parent will not let me leave their house until I am 18 years old?

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What can I do if my non-custodial parent will not let me leave their house until I am 18 years old?

I am on track to graduate a year early from high school; I will be 16. My plan is to attend school in San Bernardino, but when I asked my mother about it she flipped out and insisted that I live here in her home until I turn 18. The only problem with that is that I will lose 3 years. My father is my custodial parent since I was eight. He is willing to allow this but says he still needs her signature along with his for me to be able to go. She won’t sign.

Asked on June 27, 2011 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It sounds like you are a motivated individual by wanting to graduate from high school early and attend a secondary school in San Bernardino.

You mentioned that your father is your custodial parent, which I interpret to mean you live with your father Is their an existing family law order concerning you between your parents as to "joint physical and legal custody"? If there is, that is the document you begin with to solve the issue with your mother and her desire to live with her until you are 18 years old.

Another route is to seek an order of emancipation from the county court in the county where you live as a minor child allowing you to live on your own as an adult even though you are a minor, under 18 years of age.

Is your mother's home close to San Bernardino? If it is, perhaps living with her for a while would help you save money while in another school post high school graduation. Good luck.


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