QUESTION
Are parents still responsible financially and otherwise for their adult disabled child?
Asked on Mar 04th, 2015 on Family Law - Ohio
More details to this question:
Are parents still responsible financially and otherwise for their adult disabled child (18 years old) that has been declared totally disabled, mentally and physically, as well as incompetent, by and through Social Security? The parents have signed their child up for Social Security and he will only get $433.00 a month, not even enough to support himself on. The parents think they are no longer obligated to their adult disabled son who is now 18 but was 16 when his accident happened. Where should a Grandparent turn to if the child lives with the grandparent, the parents are discouraging their son not to come back home, and the parents provide no financial support for their child and the parents spend no quality time at all with their child? Our state laws and Social Security laws I have read say otherwise. Please help me out here if you can, please.
1 ANSWER
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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To start, you need a domestic relations attorney, and you need one who has significant experience in juvenile and domestic relations litigation. Do NOT try to handle this yourself. This is a relatively new area of the law in Ohio, created by the Ohio Supreme Court case of Castle v Castle in 1984. The Castle Doctrine says: "The moral and legal obligation to support disabled children does not stop simply because a disabled child turns 18." Whether your situation will allow a person to seek a court order on behalf of the disabled person is a judgment call for a lawyer with all of the facts at hand. This article does not create a lawyer / client relationship, nor may it be relied upon as legal advice. This article is intended solely for entertainment purposes.
Answered on Mar 04th, 2015 at 3:05 PM