Article 5. Determination Of Student Residence of California Education Code >> Division 5. >> Title 3. >> Part 41. >> Chapter 1. >> Article 5.
Every person has, in law, a residence.
Every person who is married or 18 years of age, or older,
and under no legal disability to do so, may establish residence.
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 one remains when not called
elsewhere for labor or other special or temporary purpose, and to
which he or she 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 his or her residence. A woman's
residence shall not be derivative from that of her husband.
(f) The residence of the parent with whom an unmarried minor child
maintains his or her place of abode is the residence of the
unmarried minor child. When the minor lives with neither parent his
or her residence is that of the parent with whom he or she maintained
his or her last place of abode, provided the minor may establish his
or her 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 his or her own act, by the appointment of a
legal guardian, or by relinquishment of a parent's right of control.
(h) An alien, including an unmarried minor alien, may establish
his or her 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 alien shall be derived
from his or her parents pursuant to the provisions of subdivisions
(f) and (g).