Can a child that graduates high school at the age of 17 move out of the guardians home before the age of 18 in the state of Vir?
She graduates in June of 2020, and when she does show does not want to be with her guardian. She will turn 18 I. August and wants to leave the day of graduation. She wants move back home with me.
2 attorney answers
Educational status has nothing to do with majority. You cannot move until you are an adult unless you have permission or you have a court order. It is irrelevant that you graduated early. Think about it: If you were correct the kid who goes to Yale at 13 because he's extra smart would be free to live wherever he wanted. Does that make sense to you?
There is a fair amount of additional information that needs to be reviewed for a thorough answer to be provided. First and foremost, the age of majority in Virginia is 18 pursuant to Code Section 1-204. In general, graduation from high school does not affect (increase) the ability for a minor to make her own decisions. For example, she is not permitted the right to vote or purchase cigarettes (prior to the age being increased to 21).
Second, it is unclear who the parties are in your question. More specifcially, if the Department of Social Services is involved, then there are programs that would allow the child to live on her own upon graduation. The inference is that this person is not the child's mother or father as you referenced that the child is with her "guardian." The relationships/dynamics will play a large role in how this legal issue is addressed.
Finally, it appears that this may be a question pertaining to custody. There may be some practical solutions to your issue that can be addressed through an attorney. I would suggest you consult with an attorney to review the specifcs of your situation. There may be significant criminal implications depending where you reside as compared to the guardian should the minor come reside with you.