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California Welfare And Institutions Code Section 17.1

Legal Research Home > California Lawyer > Welfare and Institutions Code > California Welfare And Institutions Code Section 17.1

Unless otherwise provided under the provisions of this code,
to the extent not in conflict with federal law, the residence of a
minor person shall be determined by the following rules:
   (a) The residence of the parent with whom a child maintains his or
her place of abode or the residence of any individual who has been
appointed legal guardian or the individual who has been given the
care or custody by a court of competent jurisdiction, determines the
residence of the child.
   (b) Wherever in this section it is provided that the residence of
a child is determined by the residence of the person who has custody,
"custody" means the legal right to custody of the child unless that
right is held jointly by two or more persons, in which case "custody"
means the physical custody of the child by one of the persons
sharing the right to custody.
   (c) The residence of a foundling shall be deemed to be that of the
county in which the child is found.
   (d) If the residence of the child is not determined under (a),
(b), (c) or (e) hereof, the county in which the child is living shall
be deemed the county of residence, if and when the child has had a
physical presence in the county for one year.
   (e) If the child has been declared permanently free from the
custody and control of his or her parents, his or her residence is
the county in which the court issuing the order is situated.

Last modified: January 12, 2009