Legal Question in Family Law in Massachusetts
legal custody at 18
My son turned 18 last may and is currently a senior in high school. He is a special needs student, but nothing in the separation agreement states when joint legal custody ends. Has legal custody for me and my ex-wife now ended despite his status as a specials needs student?
3 Answers from Attorneys
Re: legal custody at 18
The normal presumption is that 18 brings legal adulthood. If the child still requires others to make his decisions due to his status, a guardianship should be sought.
Re: legal custody at 18
there is a difference between legal custody and child support obligation. While there is a presumption that a child at 18 is an adult apart from the special needs issues, child support will be ordered to be continued until the child completes school.
If the child does not go to college, then there could be an issue of your obligation to support him or her as a result of their condition.
Re: legal custody at 18
This is a tricky question, depending on the depth of the special needs. It is likely that since he is still in school, then the agreement continues to govern. If you want to be sure, have your agreement reviewed by an attorney.
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