Full question:
After a child turn 18 does the custodial parent still have guardianship if the child is no longer living in custodial home but is still a full time high school student?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Oklahoma
Answer:
In most cases, if a child has not yet graduated from high school, they remain under the supervision of their custodial parent and are not considered emancipated. According to Oklahoma law, a child is entitled to parental support until they turn eighteen or until they graduate from high school, whichever comes first. If the child is a full-time high school student, they can receive support until they reach twenty years of age (Oklahoma Statutes Title 43, § 112(E)). This support continues regardless of whether the child is living in the custodial home or not.
Additionally, in a relevant case, the court ruled that a custodial parent providing necessities for a dependent child over the age of majority who is attending high school is justified in continuing support until the child turns nineteen (Carr v. Carr, 1992 OK 106, 834 P.2d 970).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.