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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 26501
Experience:  16 yrs. of experience including family law.
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My 15 year old child wants to live with her 22 year old sister

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My 15 year old child wants to live with her 22 year old sister and husband. It is not my preference but I will not choose to stop it legally. If she lives there will I be required to pay child support?
Submitted: 4 years ago.
Category: Family Law
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Can you give a bit more info...what about the other parent? Who are you paying support to now, the other parent? What does the court order say (about where your child will live)?
Customer: replied 4 years ago.
My wife and I were separated and then she died in So California after one year of separation. My wife requested that my 22 year old daughter raise my 15 year old and this a idea is well supported my my other two kids as a way of honoring their mother's bitter request. I live near Sacramento. Feel free to call if you like XXX-XXX-XXXX.

RXXXXX XXXXX
Expert:  P. Simmons replied 4 years ago.
Sorry for the delay

This will come down to he court order. If your wife died and she was the primary custodian, the court will need to decide if the 22 year old can be the legal guardian.

Someone needs to raise the child. By default, this would fall to you...but if your wife wanted her daughter to raise the child...the court can consider this request. And if the court finds that the sister is best suited to raise the 15 year old child, the court can grant this...the court can give your daughter custody/guardianship of your 15 year old.

If this happens, you can expect that the court would continue to require you to pay support...the amount would likely be the same as you have been paying...if not more.

But this presumes that you do not wish to raise the child yourself. If your goal is to raise the child and you tell the court this, its not likely they would give guardianship to your daughter.


Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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Customer: replied 4 years ago.
Sorry i was not more clear.
I would like to raise her but will not force this leagally. If I say "I will support you in my home" and she saya " no thanks, XXXXX XXXXX live with Natalie". Will
I be obligated to support her in natalie's home?
There might be an opinion that the oc is a better place to raise her but there is no behavior from me that would make me proven unfit.
Randy
Expert:  P. Simmons replied 4 years ago.
OK...that helps..but raises more questions...what has the court said (if anything) about this...has the court granted guardianship? Is there even a court case scheduled?

Also, who did you pay support to...mom or the state?

Customer: replied 4 years ago.
No court actions at all I was paying 900 per mo to her. And have
and two payments since her death.
Expert:  P. Simmons replied 4 years ago.
One more...how long ago did mom die? Did the court probate her estate (if you know)?

Customer: replied 4 years ago.
Died Feb14 2010. We were still married no probate.
Expert:  P. Simmons replied 4 years ago.
Thanks

OK, since mom is dead, there is no longer a requirement you pay support. That requirement died with mom.

However, since mom died, you are now the sole parent and have fully custody and responsibility for the child. Period.

If sister wants guardianship, sister will need to go to court and ask for it.

If your daughter goes to live with her sister and you approve...that is fine...but understand your still the parent...you sill are liable for the wellbeing of the child as well as the misconduct of the child. But if this happens...and there is not a court order, there would not be a requirement for you to pay support.



SO if you want sister to have custody...or, if you do not want to have sole responsibility for the child, you need to help sister get custody.

But if you want to raise her, she is your child and you can require her to remain with you.

let me know if you need more info
Customer: replied 4 years ago.
She is no t living with me now but I would prefer that she did. Is it likely that a judge would force child support if my daughter requested it?
Expert:  P. Simmons replied 4 years ago.
IF...and I stress IF, your 22 y/o daughter is able to convince the court to make her guardian...then yes, its likely the court would order support.

BUT this is not likely unless you join in this request. The court will not give your daughter custody unless they remove from you. Again, this can only happen if you or your 22 y/o go to court and request it.

Otherwise you have full custody and no obligation to pay support.



P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 26501
Experience: 16 yrs. of experience including family law.
P. Simmons and 4 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
One more quick round, If she requests custody and I support that. Will I be required to support her?

What I am looking to communicate to my children is I am happy to support her with me. If sh, however, wants to live with my 22 y/o daughter both the honor to raise the fifteen Y/o and the financial responsibility travel together. I don't want to have responsibility but not authority for how she is raised.

I will click accept answer after I send the question. If you think you have earned your fee already no requirement to respond.

Thank you for your help
RXXXXX XXXXX

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