Does custody orders change when a child is an adult or is there a such thing as joint custody of an adult disabled person?

Asked about 1 year ago - Dothan, AL

My Atty. doesn't seem to know the laws for disabled adults or children. Is there joint custody of an adult disabled person(even thought the son doesn't know the father)?

Attorney answers (2)

  1. Jason Matthew Folmar

    Contributor Level 7

    3

    Lawyers agree

    Answered . If disabled and an adult then a guardian and conservatorship needs to filed in probate court. This does not give you custody but authority over the financial and medical affairs if the disabled person .

  2. Amber Yerkey James

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . In addition, you can petition for child support for your disabled adult son. However, the disability needs to have started prior to his reaching the age of majority. The case in Alabama that allows this is called Ex Parte Brewington. Another consideration is whether or not your son is receiving SSI and Medicaid. If so, you would need a carefully drafted special needs trust into which this potential support can be paid so as to avoid any issues with his SSI and Medicaid benefits. Finally, the case in Alabama that allowed the court to order post-minority support for adult children to attend college was recently overturned. However, the court did not consider their prior decision in Ex Parte Brewington regarding adult disabled children. If you choose to go to court to seek this support, your child's father may appeal the case.

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