Can my 16 year old niece move in with her 20 year brother to continue going to her school

[Jill Bischoff]

Jurisdiction

Ohio

My 16 year old niece wants to move in with her 20 year old brother so she can continue to go to her high school her mom is moving in with a boyfriend she doesn't like. Is this legal in ohio

 

[mightymoose]

If her parents give her permission to do so, yes. However her parents remain responsible for her.

There are many reasons why this could be a bad decision, but if she and her brother are responsible and are trusted it could work out.

 

[adjusterjack]

Jill, please post your question in the appropriate category at:

(1) Forum.FreeAdvice.com

There's an Ohio family law attorney (OhioGAL) there who may be better suited to answering your question.

 

[justblue]

Jill, please post your question in the appropriate category at:

(1) Forum.FreeAdvice.com

There's an Ohio family law attorney (OhioGAL) there who may be better suited to answering your question.

I'll give OG a call and ask her to pop in here to assist.

 

[justblue]

Called her and she will come by and answer in a bit.

 

[Ohiogal]

I'm here... Jill, your niece can only live with her brother if her custodian says she can. If not, your niece has to listen to her custodian. That is the long and short of it. Brother won't be able to get custody unless he can prove the custodian unsuitable under In Re Perales -- and that is not easy to do.
Is Mother the custodian? Where is the child's father? Also, is Brother able to support sister financially? Does he have roommates? How far apart will the school districts be? I ask because open enrollment may be a possibility.

The other issue is custody WOULD have to transfer in Ohio for the child to go to school from her brother's house. Google Kelly Bolar Williams.
Realize that for custody to transfer that it is not as easy as Mom saying it is okay. Father would also have to agree. Or there would have to be litigation brought by the brother.

 

[adjusterjack]

Thanks, OG. You should make this site your second home. We have a lot of fun here.

 

[zddoodah]

My 16 year old niece wants to move in with her 20 year old brother so she can continue to go to her high school her mom is moving in with a boyfriend she doesn't like.

You've described two different things without explaining any connection between them. What does not liking her mom's boyfriend have to do with moving in with her brother "so she can continue to go to her high school." Please explain (I'd rather not speculate).

Is this legal

That depends on information you didn't provide:

1. What's the story with your niece's father?
2. What's the custody situation between your niece's mother and father?
3. Are your nieces parents both willing to let her live with her brother? If not, is either of them willing?

 

[Ohiogal]

You've described two different things without explaining any connection between them. What does not liking her mom's boyfriend have to do with moving in with her brother "so she can continue to go to her high school." Please explain (I'd rather not speculate).



That depends on information you didn't provide:

1. What's the story with your niece's father?
2. What's the custody situation between your niece's mother and father?
3. Are your nieces parents both willing to let her live with her brother? If not, is either of them willing?

And that doesn't solve the issue because custody would have to change to the brother which means both parents would have to be willing to give up custody. Or the school could sue the parents and the parents could even face criminal charges.
Mother Jailed For School Fraud, Flares Controversy

I am very familiar with this case above. Schools in Ohio are serious about who is allowed to attend and through what channels.