§ 68062. — (Amended by Stats. 2016, Ch. 69, Sec. 7.)

California § 68062.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 5.
• Title 3.: DIVISION 5. GENERAL PROVISIONS
• Part 41.: PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS
• Ch. 1.: CHAPTER 1. Student Residency Requirements
• Art. 5.: ARTICLE 5. Determination of Student Residence

Text

In determining the place of residence the following rules are to be observed:
(a)
There can only be one residence.
(b)
A residence is the place where a person remains when not called elsewhere for labor or other special or temporary purpose, and to which the person returns in seasons of repose.
(c)
A residence cannot be lost until another is gained.
(d)
The residence can be changed only by the union of act and intent.
(e)
A man
or woman may establish a residence. A woman’s residence shall not be derivative from that of the woman’s husband.
(f)
The residence of the parent with whom an unmarried minor child maintains the child’s place of abode is the residence of the unmarried minor child. When the minor lives with neither parent, the minor’s residence is that of the parent with whom the minor maintained the minor’s last place of abode, provided the minor may establish a residence when both parents are deceased and a
legal guardian has not been appointed.
(g)
The residence of an unmarried minor who has a parent living cannot be changed by the minor’s own act, by the appointment of a legal guardian, or by relinquishment of a parent’s right of control.
(h)
A person who is not a citizen or national of the United States, including one who is an unmarried minor, may establish a residence, unless precluded by the Immigration and Nationality Act (8 U.S.C. 1101, et seq.) from establishing domicile in the United States.
(i)
The residence of an unmarried minor who is not a citizen or national of the United States shall be derived from the minor’s parents pursuant to the provisions of subdivisions (f) and
(g).

Legislative History

Amended (as amended by Stats. 1983, Ch. 680, Sec. 1) by Stats. 2021, Ch. 296, Sec. 21. (AB 1096) Effective January 1, 2022. Superseded by amendment by Stats. 2016, Ch. 69, only if it becomes operative on or before January 20, 2017.