We have multiple children. Our son just turned 18. This 18 year old doesn’t want to go to the other parents house for visitation. Ex is insisting that the the 18 year old is subject to visitation against his will. He graduates from high school in June of next year which is about eight months from now. The two youngest still go for their visitation. Child support is currently based on the 18 year old and the two youngest children. Does the 18 year old have to follow the court ordered child custody visitation? They don’t want to be forced into visitation.
Custody terms terminate for a child when the child turns 18 years old.
Conversely, child support terms generally terminate when a child turns 18 AND graduates high school.
The 18 year-old child here is not a party to the custody so the 18 year-old is not required to follow the custody terms. The parent whom the 18 year-old is wanting to stay with could not be held in contempt of court on a custody order as to the 18 year-old child because the court loses jurisdiction to make custody decisions when a child turns 18.
Child support would have to be modified to addressed for the two children going back and forth and the 18 year-old that is still in high school staying with one parent.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.