drivers permit - joint legal custody

[challenges]

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.

 

[Zigner]

Your son is not a California resident.

 

[LdiJ]

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.

 

[Ohiogal]

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.

 

[Ohiogal]

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.

 

[CJane]

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.

 

[LdiJ]

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.

 

[challenges]

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.

 

[Zigner]

Your son is not a California resident.

Your son is an IL resident and is not eligible for a California permit.

 

[LdiJ]

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.

 

[challenges]

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.

 

[Ohiogal]

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.

 

[PQN]

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.

 

[Zigner]

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

 

[CJane]

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.