My husband has a son that will be turning 18 years old in a couple of months. Does he have to go to court to end the visition schedule or does it automatically end? His son has downe syndome and has been very difficult to have over at our home because there have been a lot of conflicts. His ex-wife has been threatening us that if we don't follow the order tha she will call authorities on us. She has been basically bullying my husband to have his son.
Child support for special needs children can extend beyond their 18th birthday. If this is not contained in the existing court orders, you can bet the ex will be heading back to court. As far as visitation though, no one can force a parent to visit a child. That is a moral obligation each parent has to determine.
Unless the child is still in high school, the custody orders cease by operation of law on his 18th birthday. There is no need to return to court to have the order terminated.
Micheal is correct--if the child cannot work to support himself the court has jurisdiction to order further support. (Unless that happens. though, support does end "automatically" but not necessary at 18.)
That said visitation is a different issue. What needs to happen here (unfortunately) is one parent may--probably will-- need to have a Limited Conservatorship established. See below.
Leigh Anne KretzschmarFamily Law AttorneySan Diego, CA ·
Does your husband want to spend any time with his son? If so, the ending of a visitation order for a special needs child can alos be used to stop all contact. And, the requirement of child support will not necessarily end in the month of the 18th birthday for a child who has not graduated high school, particularly a child with Down's Syndrome. Due to your family's particular circumstances, your husband should at least consult with an experienced attorney who can advise him about your exact circumstances.
