Friday, March 26, 2010

To the person who sent me a comment - here is my reply

To the mother that just posted the following on my blog...

applies and an over 18-year old CONTINUES to be unemancipated?

Can an over 18 year old continue to be unemancipated due to inability to independently care for himself?

My son has a learning/developmental disability and recently dropped out of school. He is really lacking in the life skills needed to become emancipated (IMO).

I'm working with him on that, but his father says that now he can stop paying child support on him!!


First, you need to email me directly at so that we can discuss this matter privately.  Second, your questions really don't make sense to me.  If the "child" has turned 18, he is now an adult.  Since he dropped out of high school and is over the age of 18, his father no longer has to support him, the child is now a legal adult.  He might be your child but in the eyes of the law in the State of Texas he is now an adult. 

You can try to have your child declared "incompetent" by a court.  You will need to be declared his legal guardian.  It is very difficult to do.  Just being irresponsible and not having life skills is not enough to be declared incompetent.  Yes, the boy might be irresponsible and not "street smart" but that is not enough in the eyes of the judge and the laws of the State of Texas.

I don't do adult guardianships.  You will need an attorney that specializes in adult guardianships.  These sort of cases are handled in courts called PROBATE COURTS.

I only handle family law cases -  like divorce, custody of children, child support, etc. 

Your child is no longer a minor child.

I hope this helps.

Good luck!

If you want to just talk, I charge $1 per minute to do so - minimum charge $1 per minute.

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