Legal Question in Family Law in California

Re: Ex wife denying visitation with disabled daughter over 18

The daughter is 18 thus she is an adult and no longer subject to the family court. Obtaining a guardianship or conversatroship for his daughter. The court could then make orders regarding her custody, and contact with other people. He might even be in a position to obtain custody based on moms refusal to allow reasonable contact with the other parent.

Re: Ex wife denying visitation with disabled daughter over 18

First of all, child support payable to the mother stops when the child is 18 and no longer in high school or the child is 19. But if the child is so disabled she cannot support herself, then child support payable to the daughter can be ordered by the court, for the rest of her life. Of course, if the mother is named as the guardian for an incompetent adult, then the payments would go directly to her anyway. Eventually the mom will figure out that all she needs to do is to bring a guardianship action in order to continue to receive support for the rest of her life. Unfortunately, denial of visitation is not a defense to the obligation to pay support. If anything it will cause support to go up because dad now spends less time with the child.

Re: Ex wife denying visitation with disabled daughter over 18

in a nutshell, from the facts given, your husband should promptly schedule an OSC hearing to get some much needed court ordered modifications regarding his ex's unreasonable behavior and unilaterally changed circumstances. if you both would like a free phone consultation on this matter or how to effectuate it, email us directly with your contact information today.