Legal Question in Family Law in California

In 2008 my childrens father stopped seeing our children and I petitioned the court for sole custody and was denied and he was given visitation and child support was calculated due to that schedule. slowly he stopped seeing the kids and stopped calling and I was always the one trying to convince him that his children needed him in their lives. my childrens father stopped seeing them in august of 2011. since then i have tried to make him understand that special needs children do not adapt to change, which he did not care. he has made NO attempts to call or visit either children which now our eldest daughter is 18 and in college. I would like to petition the court for sole custody of my Autistic son.can i have child support extended beyond 18 for my son with special needs and have my 18 year old daughter put back on child support due to the fact that she is in college?


Asked on 8/27/12, 8:23 pm

1 Answer from Attorneys

Yes, support can be extended for a special needs child in some cases. If you can establish abandonment, you can also get sole custody of the minor child. The older child, however, is out of the equation. A normal child who reaches 18 and is no longer a full time high school student, is an adult by law. Child custody and support issues evaporate at that point.

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Answered on 8/28/12, 12:53 am


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