Legal guardianship?? Help!

[faithnlve]

What is the name of your state (only U.S. law)? Vt...My ex has custody, I am the non custodial parent. Our son will be 18 in June and is a senior in HS. He is also autistic. All my child support is up to date, and I have visitation with him. I received information from the high school that since my son turns 18 in June and needs further education that even though he is a senior they will put him through a high school program for 5-6 more years. Here is the problem. My ex has filed for full legal guardianship once my son turns 18. This was recommended by the Family Service Case manager to my ex. I was never notified of any of these proceedings until recently. They have been working on it for months! She is helping him get guardianship. In Vermont the law states when a child turns 18 or graduates whichever comes last child support ends. But, on the other hand if my ex gets full legal guardianship he can (I did check) make all decisions on his needs. How does this affect my visitation time and child support?? I have been looking and looking for answers on line. I cannot afford an attorney. Any one help?

 

[LdiJ]

What is the name of your state (only U.S. law)? Vt...My ex has custody, I am the non custodial parent. Our son will be 18 in June and is a senior in HS. He is also autistic. All my child support is up to date, and I have visitation with him. I received information from the high school that since my son turns 18 in June and needs further education that even though he is a senior they will put him through a high school program for 5-6 more years. Here is the problem. My ex has filed for full legal guardianship once my son turns 18. This was recommended by the Family Service Case manager to my ex. I was never notified of any of these proceedings until recently. They have been working on it for months! She is helping him get guardianship. In Vermont the law states when a child turns 18 or graduates whichever comes last child support ends. But, on the other hand if my ex gets full legal guardianship he can (I did check) make all decisions on his needs. How does this affect my visitation time and child support?? I have been looking and looking for answers on line. I cannot afford an attorney. Any one help?

The only thing I can really tell you is that it IS possible for a court to order a parent to pay ongoing support for a disabled adult child.

I would also suggest that you intervene in the guardianship process to try to be appointed as a joint guardian.

 

[faithnlve]

Hi thanks for responding so quick. I checked with the office of child support. They informed me that Vermont law only stipulates 18 or after graduation. They also informed me that the state does not address child support once legal guardianship has been approved unless the child is under 18 nor does it address paying an adult child. Some states do, vermont does not. What is most confusing is that my son is a "senior" this year, turns 18 in June and the program they are putting him through is a special program set up for him through his IEP and not regular high school. I am trying to get involved now in the guardianship process, but am not getting any calls back. Plus why would the Family Service Program not have included me or informed me of any of this. My son is still under 18, shouldn't they have been legally obligated to do so? I was told that he is considered an adult and will get SSI and/or Social Security now. I am also scared what happens if his dad gets full guardianship. thanks again.

 

[faithnlve]

Hi thanks for responding so quick. I checked with the office of child support. They informed me that Vermont law only stipulates 18 or after graduation. They also informed me that the state does not address child support once legal guardianship has been approved unless the child is under 18 nor does it address paying an adult child. Some states do, vermont does not. What is most confusing is that my son is a "senior" this year, turns 18 in June and the program they are putting him through is a special program set up for him through his IEP and not regular high school. I am trying to get involved now in the guardianship process, but am not getting any calls back. Plus why would the Family Service Program not have included me or informed me of any of this. My son is still under 18, shouldn't they have been legally obligated to do so? I was told that he is considered an adult and will get SSI and/or Social Security now. I am also scared what happens if his dad gets full guardianship. thanks again.

Oh and this is what I have found under Vt...."Upon turning age 18 all Vermonters are presumed to be competent to make their own decisions and to have a right of self-determination. A parent is no longer considered the guardian of a child once the child turns 18. Any guardianship for an adult must be authorized by a court.

 

[stealth2]

Oh and this is what I have found under Vt...."Upon turning age 18 all Vermonters are presumed to be competent to make their own decisions and to have a right of self-determination. A parent is no longer considered the guardian of a child once the child turns 18. Any guardianship for an adult must be authorized by a court.

But IS your son actually competent and able to make his own decisions?

 

[faithnlve]

My son is "not" competent to make his own decisions. But that is all I could find for information in regards to guardianship for disabled adult/child. I did find out that child support ends at 18 or after graduation whichever comes last. But, when talking to his high school they decided "instead" of him graduating this year they will extend him another 5-6 years. I'm like wait a minute does that mean I continue paying child support for him because they decided to continue? As an adult doesn't he get social security or disability benefits? Plus his dad wants full legal guardianship and me having no say. I did find out that my court order visitation ends when he is 18!! Which sucks too. I also found out that the state of Vermont does not address disabled adults (children once they are 18) when it comes to child support continuance. So where the heck do I stand in all this??? My ex informs me that I still will have to pay him until my son is done with all his high school, which is why he wants him in this extention of time in high school so he keeps getting child support from me. I have two young children at home still. I find all this so unfair and mind boggling. I don't mind paying the child support but my son is 18 and they "could" of graduated him this year and put these extended services in place through Family Services (which is facilitating all this). Now my ex can obtain legal guardianship and I lose my time with my son too? I was told by probate court I don't really need an attny to fight since he has had custody all this time he will probably get it. But, I can ask about getting time with him. This is just so heartbreaking for me and my son. We are so connected and need each other. And this is so unfair that I cannot afford anything for my two younger children and my ex gets all this and CAN afford so much more!

 

[CJane]

Look, family services wasn't obligated to include you in the discussions. It sucks, but it's true. YES, dad SHOULD have included you, but as you do not have any legal custody of the children, all decision making is up to him.

Yes, the school SHOULD have made you aware of their plans to continue his education, but usually, getting info from the school is the PARENT'S responsibility, not the school's.

And YES, because Dad has had custody of the child all this time, it's likely he'll be granted guardianship as well. Unless you are successful in intervening in the process, requesting guardianship, and it's found that you're able to provide him adequate care/education/etc. --- think about this. Is THAT in the best interests of the two small children you still have in your household?

I think you SHOULD intervene in the process, but I honestly don't know if you can get court ordered "visitation" with an adult.

And I completely disagree that you don't need an attorney.

As far as the child support/graduation thing goes? I would ask the school board if the program he'll be entering into counts as "secondary" school or "POST-secondary" school.