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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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Son is 17 years and 4 months old. He currently lives with

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Son is 17 years and 4 months old. He currently lives with his mother and she has custody. He lived with me for 5 years post divorce and mother filed a modification in 2010 and he was moved by the court against his will. He has been telling me for the last 27 months since his mother filed her petition and he was moved that on his 18th birthday he is going to leave her home. By law can he do this? Will there be any repercussions if he does? Will there be any way for her to stop him? We live in Illinois? His 18th birthday is XXXXX than 8 months away. I understand he will legally be an adult but will still have 6 months left of High School. If possible please explain how the legal system will respond, if at all? What are his legal rights?
Dear JACUSTOMER - When he turns 18 he can do what he wants,just like any other adult with the exception of consuming or possessing alcohol. He can drop out of school or he can move and establish residency at another location and enroll in school there. He can join the armed forces, he can vote and he can enter into legal contracts. He can also move to your house if you want him there. The only repercussions would be of a personal, not legal nature if his mother decides not to speak to him or disown him etc. No one will have any legal control over him once he is 18. Obviously I cannot address the personal issues in the family or how everyone will react but legally he will be no different than any other adult.
Customer: replied 3 years ago.

What becomes of the parenting and custody agreements that suggest/implies they remain in force until the end of high school .i.e.-visitation schedule, holiday schedule, child support etc...Illinois law of course. Thank you.

The child support will continue unless it is modified. Custody and visitation cannot be enforced since the child is a legal adult. If you are paying child support and the child moves in with you then you need to file a motion to terminate the support and custody orders. The orders will continue but an 18 year old has the right to do as they please. Obviously if he chose to join the Army he would not be living at home and would be in the custody of the Army. He has the right to quit high school at 18 so that cannot be enforced. Thanks for using our service.

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