Visitation when child reaches 18

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Latest post 10-15-2010 7:44 AM by Drew. 8 replies.
  • 10-13-2010 9:44 AM

    • DadInOhio
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    Visitation when child reaches 18

    In Ohio, is it correct that once a child reaches their 18th birthday, they no longer have to go for visit with the NCP unless they want to?  I realize that child support does continue until they graduate high school but wanted to know if the same thing applied to visits.

  • 10-13-2010 9:53 AM In reply to

    • Drew
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    Re: Visitation when child reaches 18

    I believe that is correct--and there are two different contexts of word emancipation and majority--so once the child turns 18 the child gets to make up his or her own mind--but the duty to pay CS probably runs until HS graduation or 19  , whichever comes first.



  • 10-14-2010 6:09 PM In reply to

    Re: Visitation when child reaches 18

    If the age of majority is 18, as it is in almost every state, that is when the legal powers of a parent over a child are terminated.  Since there is no power, the child isn't obligated to have contact.

  • 10-14-2010 6:16 PM In reply to

    Re: Visitation when child reaches 18

    Ford,

    I am just wondering

    if the child is not emancipated, do you know if that is still true?

    i.e.  19 year old daughter, attending college, who I pay child support for along with dealing with all medical,etc, etc, and etc. 

    I'm assuming this to be the case, but I thought I'd just ask you for you thoughts. 

    She can basically say, nope to the visitation, but thanks for the cash and support daddy?

     

  • 10-15-2010 12:17 AM In reply to

    • Drew
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    Re: Visitation when child reaches 18

    Last I looked SC was among the states which did NOT have a law which required parents to pay towards college. And my home, PA, is exquisitely clear on that view.

    Now if you agree or chose to do so that may be a different story.



  • 10-15-2010 3:35 AM In reply to

    Re: Visitation when child reaches 18

    Drew:
    Last I looked SC was among the states which did NOT have a law which required parents to pay towards college.

    I disagree with this statement.  Here's why:

    Court may order college support. Risinger v. Risinger, 273 S.C. 36, 253 S.E.2d 652 (1979); West v. West, 309 S.C. 28, 419 S.E.2d 804 (Ct. App. 1992) (jurisdiction of the family court is permitted in cases of children over 18 years of age where exceptional circumstances warrant it; family court judge may require a parent to contribute that amount of money necessary to enable a child over 18 to attend high school and four years of college, where there is evidence that: (1) the characteristics of the child indicate that he or she will benefit from college; (2) the child demonstrates the ability to do well, or at least make satisfactory grades; (3) the child cannot otherwise go to school; and (4) the parent has the financial ability to help pay for such an education).

    SOURCE:  http://www.ncsl.org/IssuesResearch/HumanServices/TerminationofChildSupportandSupportBeyondMa/tabid/16441/Default.aspx

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 10-15-2010 3:48 AM In reply to

    Re: Visitation when child reaches 18

    “i.e.  19 year old daughter, attending college, who I pay child support for along with dealing with all medical,etc, etc, and etc.” 

    “She can basically say, nope to the visitation, but thanks for the cash and support daddy?”

    “In Ohio, is it correct that once a child reaches their 18th birthday, they no longer have to go for visit with the NCP unless they want to? “

    YES.  That is my interpretation.  As Drew and Ford have already explained.

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 10-15-2010 7:13 AM In reply to

    Re: Visitation when child reaches 18

    Yes, this is correct according to what my OH attorney advised me. 

  • 10-15-2010 7:44 AM In reply to

    • Drew
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    Re: Visitation when child reaches 18

    That SC  1979 decision seems to have been reversed by a new one, at least in part

     

    South Carolina Supreme Court Overturns College Support Law Posted on April 22, 2010 by J. Benjamin Stevens

    This week, the South Carolina Supreme Court overturned a 1979 decision, under which parents could be ordered to contribute to their children's college expenses.  In this new case, Webb v. Sowell, the Father appealed after he was ordered to contribute to college expenses for his son. The Court reversed the trial court's decision, finding that it violated the Equal Protection Clause of the federal and state constitutions.

    S.C. Code Ann. Section 63-3-530(A)(17) provides that child support orders terminate when the child reaches age 18, marries, or becomes self-supporting, but a court may order the continuation of support beyond age 18 for certain "exceptional circumstances."   In Risinger v. Risinger, 273 S.C. 36, 253 S.E.2d 652 (1979), the Supreme Court held that a desire to attend college may constitute such exceptional circumstances.

    However, in Webb v. Sowell, the Court found that Risinger was wrongly decided.  Specifically, it held that while Risinger allowed a court to order a parent subject to a support order to pay college expenses, it did not grant such power over a parent not subject to a support order, and there is no common law duty on parents to pay for an adult child's post-secondary education.

    Therefore, the statute, as interpreted by Risinger, fails the rational basis test and thus does not meet the constitutional requirements of Equal Protection.  You can read the full text of Webb v. Sowell by clicking here.



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