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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27255
Experience:  Attorney with experience in family law.
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Can a parent who is in college and lives in student housing

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Can a parent who is in college and lives in student housing have full custody and let the child live with another family member while he finishes college?

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A parent who has sole legal custody can allow the child to stay elsewhere. However, if the other parent were to seek custody, it would likely be granted, because the courts typically prefer to have the child with a parent rather than another relative. The non-custodial parent could also ask that any child support payments be paid to the person that is actually caring for and supporting the child, rather than to the other parent.

It also depends on the language of the custody order. It may require notification when the child's address changes, and some custody orders provide that the non-custodial parent get first refusal before the child is placed with any sort of babysitter or other relative. It's not common, but it's a good idea to be aware of the specific language in the custody order before giving the child to someone else.

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