FLINT DIVORCE LAWYER ANSWERS Q; WHEN PAYING CHILD SUPPORT FOR NOW ADULT CHILD DO I GET VISITATION.

QUESTION:My step-son is turning 18 in a few short days. He is a junior in high school. Order states that husband must continue to pay child support until he graduates(which we have no porblem doing), but now mother says the son doesn't have to come to visit on the weekends and/or holidays and the Order states because he is no longer a minor. Is this true? She will not encourage or facilitate meetings between son and I and in fact prevents them as well.




First I will look at how other attorney have responded. The CAPITALIZATION IS MINE.





One attorney responded.

I BELIEVE THE QUESTIONER KNEW THIS



A minor automatically becomes emancipated when he or she turns 18 by operation of law. Michigan law defines "emancipation" as "termination of the rights of the parents to the custody, control, services and earnings of a minor." Therefore, you cannot force your stepson to visit you. However, the statute relating to the emancipation of minors also states that it "does not affect obligations of support imposed under other laws of this state." Thus, your husband must continue to pay child support according to the court order even though your stepson is emancipated.



LATE STAGE PARENTAL ALIENATION. THESE ARE POORLY UNDERSTOOD BIG WORDS.



Another attorney responded.

Also, this appears to be a case of very late-stage "parental alienation" which is too bad. Your husband should not give-up trying to maintain contact with his son. He will not be hiding in the folds of his mother's skirt forever. This is a long-term project. For some people, they don't have the maturity and independence to reconnect with a wrongfully alienated parent until their late 20s. In the area of family law, we see this all too often. Good luck.



SO, WHAT SHOULD FATHER DO?



Wait and always be available. Let the young child about to be a legal adult have time to “man-up“. Father should led by example.



The 18th birthdate is not a magic date that erases the emotional harm of the divorce. Your focus should be on the child/adult off spring. There are Studies that indicate the most damaging effect of divorce on children arises early in their adult life. Did you know many children of divorce have trouble finding a mate and creating lasting relationships and marriages themselves. Give the young man some space. Keep the lines of communication open between father and son. Step mom should not complicate the emotional issues for the child/adult by advocating her needs.


THIS IS AN AVVO QUESTION ANSWERED ON 5/1/2010

BY Terry Bankert

http://www.avvo.com/legal-answers/son-turning-18--support-will-continue-but-what-abo-259210.html