Legal Question in Family Law in Michigan

What if a child is over 18 years old and the custodial parent has full custody, but what legal rights does the non-custodial parent have if an emergency were to happen? For example, making decisions or visiting if the child were to end up in the hospital. Or what if the custodial parent were to die and the child is over 18, who would have the right to make legal decisions (stepfather or biological/non-custodial parent)? Or would the non-custodial be considered the next of kin instead of the stepfather?


Asked on 2/19/12, 5:36 am

1 Answer from Attorneys
Thomas Loeb Law Offices of Thomas M. Loeb

A "child over 18" is called an adult. No parent has custody over an adult.

And a stepfather has no right to make decisions over even a child under 18.

The biological non custodial parent has superior rights.

Read more
Answered on 2/19/12, 4:57 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Michigan