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Walter
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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I have taken in my daughters 18 yr. old boyfriend who ...

Customer Question

I have taken in my daughter''s 18 yr. old boyfriend because he was having problems at home and my daughter was being harrassed by the step-sisters when she would go over to visit. Her boyfriend got fed up, so when he turned 18, he left. He has been living with us since the holidays due to the fact that his father (who has custody) and step-mom were against the relationship because my daughter is white and their son is black. I have not received a phone call or a dime from them for their son and have not asked for it. The boyfriend''s mother lives in D.C. and was paying the father child support but when the son turned 18 she no longer had to pay. Now, his mother pays her son directly and he has opened his own account (I do not take any of the money he gets for letting him live here because I would rather him save it--I want to help him). The boy is 18 yrs old so therefore he is a legal adult, but does he still need to get emancipated because he''s in high school? Please advise.
Submitted: 6 years ago.
Category: Family Law
Expert:  Walter replied 6 years ago.

Hello,

The age of emancipation in Virginia is 18 years of age. Support may continue for any dependent child that is a full-time high school student and living in the home of the parent, until the child reaches age 19 or graduates from high school, whichever comes first. (Code of Virginia, 16.1-228) His mother is not required to continue paying support so this could stop at anytime by law.

As far as him having to emancipate by law he already is so he has no need to do anything other then function as a adult.

I wish you and your family the best,

Walter

Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience: Family Law Consultant Specializing In Interpretation Of Family and General Law.
Walter and other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Walter's Post: The attendance office at the high school would not let me pick him up at 1:30 for an appt. because they said 1) his father has to give the okay because he has custody and 2) He is not emancipated. Should I challenge this or reschedule the appt and not get involved?
Expert:  Walter replied 6 years ago.

Hello,

I would go ahead and reschedule the appointment. The issue here is he is still in school and thus the school must follow the standards set forth of who enrolled the child. Since he is now 18 he has the right to sign himself out of school based on his own appointments but in the end, it is more hassle then it is worth to fight the school on this matter.

Walter

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