QUESTION
Can I go to court and ask for visitation with my 18 year old child?
Asked on Feb 04th, 2015 on Child Custody - Wisconsin
More details to this question:
I have joint custody of my 18 year old daughter who is a senior in high school. There is no child support but an agreement in the divorce decree to pay for specific extra expenses. Does this end when she is 18 or when she graduates? My daughter refuses to spend time with me and my ex-wife does nothing to help in this situation, she actually caused it. Can I go to court to force visitation since she is still in high school? If I am still liable for expenses I think I should be able to get the court to grant me specific visitation and maybe court ordered counseling so I can try to fix the problems that exist. Not sure if I would be wasting my time trying to pursue anything or not or if legally there is anything I can do.
2 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Assuming this is a Wisconsin question, once a child reaches the age of 18 the Court loses jurisdiction over custody and placement. Child support, of course, may continue until she graduates high school or reaches the age of 19, whichever is sooner. But the most important thing is to read the divorce decree, and any agreements you made in the course of the divorce which were approved by the Court. The agreement(s) could expand the responsibilities of either or both parents. If you had a lawyer represent you in the divorce which is always a good idea double check with him or her. Good Luck.
Answered on Feb 05th, 2015 at 3:15 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Unfortunately, the support obligations can continue until the child is 19 if they are still pursuing their high school education; however, the court's power to enforce or force any visitation terminates on the 18th birthday. Your best bet is usually to send your daughter something (email, letter, card) saying you would like to be part of her life, that you miss her and want to spend time with her and that your door is open for her at anytime. Most of the time, kids come to realize that the poisoning parent was just that and you will end up with a relationship with her when she realizes that.
Answered on Feb 05th, 2015 at 3:07 PM