Legal Question in Family Law in California
Disabled Adult Child
My husband has a physically & mentally handicapped daughter living with her mother, in a different city in California from us. His daughter will be 18 this year. How will his rights change when she becomes an adult? How will the $500 child support he currently pays be affected?
Her mother has higher income than my husband. Her mother has denied or refused to grant most of the rights my husband has now, i.e. access to medical records, notification of illnesses, etc. We cannot afford to pay our attorney to handle it every time the mother refuses another request. My husband sees his daughter one time a month for 3 hrs. The exchange is handled through a 3rd party agency. He will retire in 4 years and live on social security. Will the child support continue at the current rate after that time? Will he be able to see more of his daughter and not have to abide by current rules? Will his parental rights get better when she is an adult? He would like very much to be a part of his daughters life but here mother just makes it so difficult. Please help us?
2 Answers from Attorneys
Re: Disabled Adult Child
This child may qualify for social security disability benefits. Many minors do qualify for these benefits. As an adult she will definitely qualify. Go to the social security department and get the forms to file for disability for her. If mom has been receiving disability benefits and not reporting it you should consider filing a motion to set aside the prior child support order on the ground of fraud.
In regard to visitation and contact that may ease up after she is 18. However it appears that she will need a conservator to take of her affairs. If that is the case the conservator will have some control over the amount and kind of contact.
Reply: Disabled Adult Child
One would have to evaluate the underlying Court Orders before arriving at an opinion. Child support for a disabled child does not necessarily cut off at age 18 or any other age!
I suggest that you consult with an experienced family law lawyer, and have the underlying Court Orders evaluated. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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