18 Year Old Question

[randys2370]

What is the name of your state (only U.S. law)? Illinois

I have an 18 year old who is a Senior in High School and now wants to live with me. My ex currently has residential custody. Can my son choose to live with me at 18 and have it recognized or does it have to go in front of a judge to decide?

 

[randys2370]

Let me give a little more information. I went to court to get my child support reduced. The judge who heard the case tonight stated that although my son is 18 and legally can live where he wants, I still need to have that heard in front of a judge first if my ex does not agree that he is or should be living with me. Here is the kicker.....the judge turned out to be an ex-partner of the law firm my wife used during the divorce. How lucky for me.

 

[onebreath]

Well, although I am no expert, esp in the case of Illinois, my understanding of posts across the county are that a child cannot speak who they want to live with until they are 18.

I never thought much about that but I consider 18 to be a legal adult...so wait for a senior here to respond...I just assumed all child support rights are null and void when the child turns 18....not sure where you got your info.

 

[TheGeekess]

Child support should be heard in front of a judge. CS typically lasts until graduation from HS.

What does the CO say about how long CS lasts?

I believe son can move in with you, since he's 18 (and legally an adult).

 

[randys2370]

My information came from the Night Court Judge. My son is 18, however, because my ex did not "necessarily agree" that he is living with me, I need to file to be heard in front of another Judge who would have to decide if I could have residential custody of him.....although, he is and wants to live with me.

 

[thedoctorisin]

At 18, your son can decide for himself where he wants to live.

What the judge gets to decide is to what extent any such decision by your son will affect your child support obligation to your ex.

 

[LdiJ]

At 18, your son can decide for himself where he wants to live.

What the judge gets to decide is to what extent any such decision by your son will affect your child support obligation to your ex.

I agree. Its the child support issue that has to be decided by a judge. The 18 year old, legal adult, can decide where he wants to live without court approval.

 

[ariastar]

Child support extends to when a judge sees fit to terminate it. I knew a kid whose mom got child support for him until he finished college. By the time he was 23 and still didn't have even an associates, his dad successfully got it stopped because the judge didn't see one or two classes as being reasonable and saw it as abuse of the system. If I recall correctly, his mom even had to pay some of it back for encouraging her son to not bother going full time just to keep support going.

Point?

Support doesn't automatically stop the day the kid turns 18. It can go to the end of high school, or even college.

But, at 18, he is also legally an adult, and so can live where he wants.