The Lawyer Called

iVillage Member
Registered: 09-11-2007
The Lawyer Called
37
Tue, 04-01-2008 - 2:38pm

Not mine, but SEV's.

iVillage Member
Registered: 09-11-2007
Wed, 04-02-2008 - 11:03am
Thanks, Rebecca!
iVillage Member
Registered: 12-28-2004
Wed, 04-02-2008 - 11:16am

"Why would that change because she turns the magic number of 18."

She will no longer be considered a minor at 18. For instance, If something were to happen to her so-called mother and if the mother has anything to leave as inheritance to her kids, someone would have to be legally in charge of taking care of the inheritance for this adult/child. Same way with medical matters for her. Legally, someone would have to be named to make decisions for her.

iVillage Member
Registered: 09-11-2007
Wed, 04-02-2008 - 11:27am

I understand what you're saying - I just don't get why the parent(s) who have raised this child for 18 years should have to go through a custodial process - why can't they just continue to be the guardian as they have for the entire life of the child.

iVillage Member
Registered: 12-28-2004
Wed, 04-02-2008 - 11:36am
In this instance, what if her mother piped up and wanted to be her guardian. She's all about herself so I'm not at all saying this would happen but it could. What then? You could probably see her sending her to a home instead of her staying with her dad.
iVillage Member
Registered: 09-11-2007
Wed, 04-02-2008 - 11:46am

If that were to happen, it would again be a custody battle, but possibly this time a 3-way battle.


That is the potentially scary thing - there will be a financial incentive for the mom (which is what she's about) with the disability payments.

iVillage Member
Registered: 12-28-2004
Wed, 04-02-2008 - 12:00pm
I understand the frustration, but that's our court system. It has to be down on paper for a court system.
iVillage Member
Registered: 08-08-2007
Wed, 04-02-2008 - 12:11pm

It makes perfect sense to you and me, and anyone with common sense- but we're taking about the legal system and stuff, lol. It's all a matter of legal age, the number 18. They don't make exceptions and look a the big picture- the legal eagles are too focused on the trems of adulthood to look outside the box.


But the good news is, that even though you and SEV will have to go through the stupid legal hoops, any judge on this planet will see that she can not make her own decisions on this (see that' s the other thing- they have to treat every single 18 year old the same way- our right to make adult decisions at that age- give them that right- until they see or it is proven by the caretaker that she can not make these decisions. If that was not in place, then a lot of people would take advantage of the system and try to say that their 18 year old is incapable when maybe they are capable- so that's where the lawyers are all over it). But the judge will only have to see the documents and possibly see her once- I beleive that would be it. It would just be an official thing just to make it leagal. Everyone already knows what is in her best interest- Worry not my friend, the mom has no leg to stand on in this one.


Pacific...remembering how frusrating the legal system is after doing her own divorce.

~Pacific~
iVillage Member
Registered: 12-28-2004
Wed, 04-02-2008 - 12:22pm

Couldn't have said it better Pac.

Emma----who doesn't like lawyers but just works for one

iVillage Member
Registered: 11-03-2003
Wed, 04-02-2008 - 12:31pm

iVillage Member
Registered: 09-11-2007
Wed, 04-02-2008 - 1:18pm

I know - both you and Emma are right, as far as the courts go.