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  1. #1
    ouecreole is offline Junior Member
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    Does an 18 year old child have to abide by the visitation agreement

    What is the name of your state (only U.S. law)? oh

    Does an 18 year old child have to abide by the visitation agreement under OH child custody laws?

    18 yr old senior, child resides with father, mother has visitation monday, wednesday and every other weekend.
    father no longer gets child support because child is now 18.
    child does not want to go to mother's home during visitation (monday, wednesday or every other weekend) and has not gone to mother's on scheduled visitation time (with or without siblings).

    father now wants to go away for the weekend insists that mother is responsible for the 18 year old, however father has allowed 18yr old to stay home alone of numerous previous visitation weekends, but for whatever reasons is insisting that mother will be responsible for 18 yr old child the weekend he wants to go out of town.

    can father force mother to assume that responsiblity, when the child refuses to go to mother's home... is the mother in violation of the custody agreement if father leaves for the weekend, child refuses to go to mothers?
  2. #2
    wileybunch is offline Senior Member
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    Removing the age out of it, the NCP is never "required" to exercise all their visitation. What is in the CO is the MAX the court expects/requires the CP to allow the NCP to have the child. NCP doesn't"have" to use any of it. So, no, Mom can't get into trouble for refusing to take the child that particular weekend even if child was NOT already 18.
  3. #3
    LdiJ is offline Senior Member
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    Quote Originally Posted by ouecreole View Post
    What is the name of your state (only U.S. law)? oh

    Does an 18 year old child have to abide by the visitation agreement under OH child custody laws?

    18 yr old senior, child resides with father, mother has visitation monday, wednesday and every other weekend.
    father no longer gets child support because child is now 18.
    child does not want to go to mother's home during visitation (monday, wednesday or every other weekend) and has not gone to mother's on scheduled visitation time (with or without siblings).

    father now wants to go away for the weekend insists that mother is responsible for the 18 year old, however father has allowed 18yr old to stay home alone of numerous previous visitation weekends, but for whatever reasons is insisting that mother will be responsible for 18 yr old child the weekend he wants to go out of town.

    can father force mother to assume that responsiblity, when the child refuses to go to mother's home... is the mother in violation of the custody agreement if father leaves for the weekend, child refuses to go to mothers?
    The 18 year old is a legal adult, in charge of his own life. Neither parent is legally responsible for him any more and he is no longer subject to court orders.

    So, no, dad cannot force mom to assume any responsibility. However, dad could lock the 18 year old out of the house for the weekend, leaving the 18 year old to either fend for himself, or go to mom's.
  4. #4
    wileybunch is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    However, dad could lock the 18 year old out of the house for the weekend, leaving the 18 year old to either fend for himself, or go to mom's.
    Dad can't lock the child out of his own home, not without following statutes for a lawful eviction.
  5. #5
    LdiJ is offline Senior Member
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    Quote Originally Posted by wileybunch View Post
    Dad can't lock the child out of his own home, not without following statutes for a lawful eviction.
    Technically no...but you want to bet that some parents resort to that?..and get away with it?

    I suspect that sonny boy was not a good boy on a previous weekend when dad left and left him home alone. I suspect that is the reason why dad is trying to force mom to be responsible for him this time.

    The problem is that neither of them have any legal control over the 18 year old now, and apparently they didn't establish enough parental control/authority before the child turned 18 to make the child submit to that authority now.

    However its dad's problem, not mom's at this point.
  6. #6
    Ohiogal is offline Senior Member
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    Quote Originally Posted by ouecreole View Post
    What is the name of your state (only U.S. law)? oh

    Does an 18 year old child have to abide by the visitation agreement under OH child custody laws?

    18 yr old senior, child resides with father, mother has visitation monday, wednesday and every other weekend.
    father no longer gets child support because child is now 18.
    child does not want to go to mother's home during visitation (monday, wednesday or every other weekend) and has not gone to mother's on scheduled visitation time (with or without siblings).

    father now wants to go away for the weekend insists that mother is responsible for the 18 year old, however father has allowed 18yr old to stay home alone of numerous previous visitation weekends, but for whatever reasons is insisting that mother will be responsible for 18 yr old child the weekend he wants to go out of town.

    can father force mother to assume that responsiblity, when the child refuses to go to mother's home... is the mother in violation of the custody agreement if father leaves for the weekend, child refuses to go to mothers?
    The 18 year old is an adult and cannot be forced to do anything quite frankly. HOWEVER child support continues in Ohio until at least the child graduates high school. So why aren't you enforcing the child support? Also why does an 18 year old need supervision if dad goes away for the weekend.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  7. #7
    stealth2 is offline Senior Member
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    I suspect it's NCP Mom posting, or a "friend" of hers. So the question may be better phrased - what makes you think Mom can stop paying support before kiddo graduates?
  8. #8
    Silverplum is offline Senior Member
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    Quote Originally Posted by wileybunch View Post
    Removing the age out of it, the NCP is never "required" to exercise all their visitation. What is in the CO is the MAX the court expects/requires the CP to allow the NCP to have the child. NCP doesn't"have" to use any of it. So, no, Mom can't get into trouble for refusing to take the child that particular weekend even if child was NOT already 18.
    No, it's the MINIMUM amount of time the CP must "give" the NCP.
  9. #9
    Ohiogal is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    The 18 year old is a legal adult, in charge of his own life. Neither parent is legally responsible for him any more and he is no longer subject to court orders.

    So, no, dad cannot force mom to assume any responsibility. However, dad could lock the 18 year old out of the house for the weekend, leaving the 18 year old to either fend for himself, or go to mom's.
    Dad would be breaking the law. And we do not suggest that people break the law on this site.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  10. #10
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    No, it's the MINIMUM amount of time the CP must "give" the NCP.
    And depending on the relationship between the two it COULD BE the maximum that the NCP could expect to get.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  11. #11
    Silverplum is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    And depending on the relationship between the two it COULD BE the maximum that the NCP could expect to get.
    You're totally right.
  12. #12
    wileybunch is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    No, it's the MINIMUM amount of time the CP must "give" the NCP.
    Well, then perhaps it's both because the NCP cannot take more time than what is in the CO without violating the CO. The CP can GIVE more than what's in there, but the NCP cannot have the court enforce more time than what's in the CO. The CO would have to be changed for a court to enforce more time.
  13. #13
    CJane is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    Dad would be breaking the law. And we do not suggest that people break the law on this site.
    Just to satisfy my own curiosity - isn't the parent/child relationship a LOT different legally than a roommate/live-in/marriage/civilly blessed relationship?

    Firstly, Dad isn't evicting JR if he locks him out for a weekend. Secondly, how, exactly is it illegal? Yes, yes, eviction, blah blah blah. But can you EXPLAIN that please? The child is not a tenant, he's a dependent.
  14. #14
    Ohiogal is offline Senior Member
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    Quote Originally Posted by CJane View Post
    Just to satisfy my own curiosity - isn't the parent/child relationship a LOT different legally than a roommate/live-in/marriage/civilly blessed relationship?

    Firstly, Dad isn't evicting JR if he locks him out for a weekend. Secondly, how, exactly is it illegal? Yes, yes, eviction, blah blah blah. But can you EXPLAIN that please? The child is not a tenant, he's a dependent.
    And he has a legal right to be in HIS residence. Regardless of whether or not he has a lease or is a roommate or dependent. The individual has a legal right to access his place of residence. Not trying to argue but....
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  15. #15
    frylover is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    And he has a legal right to be in HIS residence. Regardless of whether or not he has a lease or is a roommate or dependent. The individual has a legal right to access his place of residence. Not trying to argue but....
    !

    So does that mean if you get sick and tired of your adult child mooching off of you, you have to have him legally evicted?

    Also, does this apply to anyone who is living with you?

    Just curious!

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