If I’m still paying child support for a disabled child over 18, does my visitation end becasue my ex says so?
Posted: September 10th, 2011 | Author: admin | Filed under: Travel For Disabled | Tags: becasue, Child, disabled, over, paying, says, still, support, visitation | 8 Comments »My son has always wanted to spend time with me. In trying to set up summer vacation, my ex informed me that she, her current husband and my son would discuss and and they would all decide (with me having no input). My son is mildly mentally handicapped, with aspergers and possibly some autism (never officially diagnosed). As a result, unlike a normal 18 year old won’t, or can’t say “I’m going with my Dad. Be back Sunday. Love ya). I’m just wondering if I have any rights here. It’s Indiana where supposrt lasts to 21 typically.
If you pay child support, unless the judge says otherwise, you have the right to see teh child.
um no you will pay for him for a long time!! if he is disabled the state might have you pay till he is 25 or longer..
YOU have EVERY RIGHT TO and I would take it to court if she is going to be a witch about it
That is for the court to decide, not your ex. If he is unable to live on his own, there will always probably be some kind of guardianship and you can go to the courts and make her let you see him. Shame on her, she is lucky to have a dad for her son like you.
Honey, as long as you have court documents that say you have visitation rights, then you can see your son.
If this upsets you, tell your ex that you are willing to take it to court. She will probably let you have your vacation. The law is on your side.
I am the father of a disabled child as well. If my wife and I got to that point then here is what I would do:
If I am financially providing for me child – is it not reasonable for me to see my child. I would talk to her first (giving her first chance to realize this). Then if she is not listening then I would go to the court system for visitation rights. I understand that her husband plays a role in the decision making of that home. However, it is unfair for him to weigh in on something like this…a son needs to spend time with his father regardless of the age or exceptionality. If the father is a positive role model that has his head on straight that is the case. If it is the opposite then I would understand the mother’s reluctance.
If this man is a good man / fair man he would inform her of this: That the decision is hers and your son. I care for your son — however, he should be allowed to spend time with his father. That is what a real man does. I hope this fellow falls into that category.
Of course you need to think about some factors that come into play (things you need to ask yourself):
Can I take care of my son’s needs when he stays with me? Can I provide him a save environment where he will not be hurt or harmed? Is my living situation or lifestyle suitable for my son to be around? Are your paid up on your child support? These are areas you need to answer to yourself. If you cannot answer or your answering in the negative then you realize there are some things you need to correct / change within your life to allow this visitation to happen.
This is the reality of the situation and it is the questions the judge or lawyers will direct toward you. Are you capable of caring for your child during this designated duration – thus providing food, safety, positive environment, etc.
As a parent you have rights. However, you may have to go through the court system to get it.
Hope this helps and good luck
That is an issue you need to bring before the family court system.Even though he is of age lawfully, it may be some controvesy behind his disability.You do have the right to be able to make decisions concerning visitation. If you have not already been granted joint custody, that should become a priority as well. Exercise every right that is afforded to you . good luck
You can see your son as long as you want to and it doesn’t matter if you pay child support or not. I know men who don’t pay child support and still see their children. The man that your exwife is now married to should not have any say so in this. You are the father to your son. You need to get in touch with an attorney and find out what you can do.
Your son is of legal age….I know he cannot verbalize as much as he would like to but what I am getting at is you are his father..that does not stop when he is 18,,,,21…or 24..you should be able to see him whenever you want or when he wants..needs..to see you…You should be allowed to have a vacation with your son without any input from step dad..Yes I do feel you have rights and your son has rights