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if a kid is 18....

ok- we got custody of my stepson when he turned 16 and now hes 18, hes been getting into alot of trouble lately and hes in school still (for special needs children but hes not really mentally challenged hes just a little slow) and now that hes been getting in trouble with us now hes saying he wants to go live with his mother but shes telling him that she cant because his father has custody of him and they would need to go back to court and get everything transfered over (i know shes just telling him this because she really doesnt want him around because she cant handle him) but my question is would we really have to go to court with him being 18? I mean, technically he is considered an adult so if she wanted him to live with her he should be able to right?

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Asked by Anonymous at 10:10 AM on May. 11, 2009 in General Parenting

Answers (8)
  • I would think once hes 18 he's 18. Did child support stop? Or is that once he's graduated. It might be once he's done with school*

    Answer by amy31308 at 10:12 AM on May. 11, 2009

  • As long as he is proven mentally stable to make his own decisions and no one is his proxi/ guardian in handling his decisions. He is 18 so he has the right to move out if he wants. Once a child hits legal age the courts have no say.

    Answer by brailynsmama08 at 10:12 AM on May. 11, 2009

  • No you wouldnt have to go to court. When the child becomes 18 then there is no longer "custody". My mom had custody of me when i was about 15 and then i decided that i was going to join the army at 17 so she no longer had custody of me from the day that i left for basic.

    Answer by Shelii at 10:14 AM on May. 11, 2009

  • he is 18. He is an adult. No custody has to be exchanged.

    Answer by admckenzie at 10:14 AM on May. 11, 2009

  • He is 18, he is an adult and can make decisions for himself. He ones permission to move out. He is no longer your responsibility/

    Answer by tyfry7496 at 11:06 AM on May. 11, 2009

  • He is an adult sounds like mom wants dad to deal with him for a while.

    Answer by Anonymous at 11:28 AM on May. 11, 2009

  • he is an adult so he can move out if he wants but still if the mom doesn't want him there he can't just waltz over there. so where else would he go?

    Answer by Anonymous at 11:50 AM on May. 11, 2009

  • I'm guessing, because I can't see your court order, but in this case the mom's probably right, but only by a technicality.

    Most court orders stipulate that custody agreements (Including child support, visitation, etc) are in effect until the child is 18 or until they graduate from high school, whichever is later.

    This doesn't sound like your problem, but in some states the standard custody agreement includes stipulations for college, as well.

    But yes, it sounds like she doesn't want to be bothered by parenting her own kid.


    Answer by Avarah at 11:53 AM on May. 11, 2009

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