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Thread: drivers permit - joint legal custody

  1. #1
    challenges is offline Member
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    drivers permit - joint legal custody

    What is the name of your state (only U.S. law)? IL and CA
    I can't find a category for this question so I apologize if this belongs somewhere else. I have primary physical custody of our children in IL (they go to school here etc.) Father has them for the summer. Our son just turned 15 and his Father sent me a form from the CA DMV to sign allowing a provisional permit. But the form says he has to have CA residency. What is my son's residency for purposes of a driver's permit? If he gets one in CA will it prohibit him fro getting one in IL? Thanks.
  2. #2
    Zigner is offline Senior Member
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    Your son is not a California resident.
  3. #3
    LdiJ is online now Senior Member
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    Quote Originally Posted by challenges View Post
    What is the name of your state (only U.S. law)? IL and CA
    I can't find a category for this question so I apologize if this belongs somewhere else. I have primary physical custody of our children in IL (they go to school here etc.) Father has them for the summer. Our son just turned 15 and his Father sent me a form from the CA DMV to sign allowing a provisional permit. But the form says he has to have CA residency. What is my son's residency for purposes of a driver's permit? If he gets one in CA will it prohibit him fro getting one in IL? Thanks.
    I wouldn't do it. Legally your son cannot get a CA permit because he is not a resident there, and a CA permit would be absolutely no good at all in IL. In a best case scenario dad intends to try to lie and state to the DMV that your son is a CA resident in order to get the permit. In a worst case scenario dad is trying to get CA ID for your son for more nefarious purposes.
  4. #4
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    Your son is not a California resident.
    That may not be true. If mom and dad have JOINT physical custody, the child is a resident of California by virtue of dad being a resident and having joint physical custody of the child. Though dad should be able to sign for the child's permit.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  5. #5
    Ohiogal is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    I wouldn't do it. Legally your son cannot get a CA permit because he is not a resident there, and a CA permit would be absolutely no good at all in IL. In a best case scenario dad intends to try to lie and state to the DMV that your son is a CA resident in order to get the permit. In a worst case scenario dad is trying to get CA ID for your son for more nefarious purposes.
    It would not be a lie if dad has joint PHYSICAL custody of the child as the child's residency is that of his custodian. Mom should have a talk with dad and find out his reasons and why dad believes it would benefit the child.
    breezymom likes this.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  6. #6
    CJane is offline Senior Member
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    Mom, what EXACTLY does your order state regarding the residence of the child/ren?

    Does it simply name you primary custodian, or does it state "The children shall reside with Mother in Illinois" or "The children shall use Mother's address for school and all other mailing/legal purposes?" or something to the effect of either of those?

    I'll see what I can find in IL, but in my state (not IL), it would make no difference at all whether the parents had joint physical custody. The child's residence would be determined by the mailing address/school address listed in the order.
  7. #7
    LdiJ is online now Senior Member
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    Quote Originally Posted by CJane View Post
    Mom, what EXACTLY does your order state regarding the residence of the child/ren?

    Does it simply name you primary custodian, or does it state "The children shall reside with Mother in Illinois" or "The children shall use Mother's address for school and all other mailing/legal purposes?" or something to the effect of either of those?

    I'll see what I can find in IL, but in my state (not IL), it would make no difference at all whether the parents had joint physical custody. The child's residence would be determined by the mailing address/school address listed in the order.
    It wouldn't make any difference in my state either...but a 15 year old also could NOT get a learners permit in my state either.
  8. #8
    challenges is offline Member
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    Quote Originally Posted by CJane View Post
    Mom, what EXACTLY does your order state regarding the residence of the child/ren?

    Does it simply name you primary custodian, or does it state "The children shall reside with Mother in Illinois" or "The children shall use Mother's address for school and all other mailing/legal purposes?" or something to the effect of either of those?

    I'll see what I can find in IL, but in my state (not IL), it would make no difference at all whether the parents had joint physical custody. The child's residence would be determined by the mailing address/school address listed in the order.
    This is from the original order. It has been modified since the move to IL with respect to visitation times but I can't see anywhere where this has been modified:
    "In the light of their common concern for __ and ____, both parents agree to joint legal custody of the children.
    They have also reached an agreement regarding physical custody. Mother shall have sole physical custody of the children, and Father shall have the children in his care as outlined below."

    The schools here require obviously that the children have IL residence. Can kids have two legal residences? Would my son not be allowed to apply for an IL permit? This is confusing.
  9. #9
    Zigner is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    Your son is not a California resident.
    Your son is an IL resident and is not eligible for a California permit.
  10. #10
    LdiJ is online now Senior Member
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    Quote Originally Posted by challenges View Post
    This is from the original order. It has been modified since the move to IL with respect to visitation times but I can't see anywhere where this has been modified:
    "In the light of their common concern for __ and ____, both parents agree to joint legal custody of the children.
    They have also reached an agreement regarding physical custody. Mother shall have sole physical custody of the children, and Father shall have the children in his care as outlined below."

    The schools here require obviously that the children have IL residence. Can kids have two legal residences? Would my son not be allowed to apply for an IL permit? This is confusing.
    You have sole physical custody therefore your children have only one legal residence, and that is in IL. Therefore your son should not be getting a CA learner's permit.
  11. #11
    challenges is offline Member
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    Quote Originally Posted by LdiJ View Post
    You have sole physical custody therefore your children have only one legal residence, and that is in IL. Therefore your son should not be getting a CA learner's permit.
    Thanks LdiJ, I think Dad knows that what he is trying to do may not be legal because he sent me the form for me to sign with none of the other information filled in including our son's residence.
  12. #12
    Ohiogal is offline Senior Member
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    Quote Originally Posted by challenges View Post
    This is from the original order. It has been modified since the move to IL with respect to visitation times but I can't see anywhere where this has been modified:
    "In the light of their common concern for __ and ____, both parents agree to joint legal custody of the children.
    They have also reached an agreement regarding physical custody. Mother shall have sole physical custody of the children, and Father shall have the children in his care as outlined below."

    The schools here require obviously that the children have IL residence. Can kids have two legal residences? Would my son not be allowed to apply for an IL permit? This is confusing.
    Then you have sole physical custody and the children are only residences of one state. And yes, children can have two legal residences. As the others have stated, with this wording, your child cannot get a California permit.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  13. #13
    PQN
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    Since your son is already 15, why don't you take him to get his permit in Illinois before he goes to dad's. Then he can take it with to California. Dad make have dreamed of teaching junior to drive and this summer is his only chance.
  14. #14
    Zigner is offline Senior Member
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    Quote Originally Posted by PQN View Post
    Since your son is already 15, why don't you take him to get his permit in Illinois before he goes to dad's. Then he can take it with to California. Dad make have dreamed of teaching junior to drive and this summer is his only chance.
    Kiddo is already in CA
  15. #15
    CJane is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    It wouldn't make any difference in my state either...but a 15 year old also could NOT get a learners permit in my state either.
    Lucky.

    My daughter turned 15 in December. She's been driving on a permit since February. She'll upgrade to a restricted license when she turns 16 -- and my insurance will go up by another $150/month.

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