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Roger
Roger, Attorney
Category: Family Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a son with down syndrome he is 21 years old. He has

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I have a son with down syndrome he is 21 years old. He has a younger sister who is 18. I just recently went through a divorce. In our papers it states that child or children on this divorce after the age of 18 the visitations do not apply because they are both over 18. I do not wish to keep my son or daughter away from my ex husband. All I ask him to do is ask them what they would like to do and not force them. My son keeps telling me he does not want to spend the night there he does like to hang out with his father but not sleep at his house. My question is does my son have rights? Can he tell his father no. We live in Tx.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

Generally speaking, once the child reaches adulthood - - age 18. It is possible for the court to order visitation into adulthood for a disabled adult child IF the disability affects the child's ability to make a decision on whether or not to exercise visitation with the father.

In this case, it doesn't appear that the court made any provision that would require your son to abide by the visitation order after reaching age 18. If that's the case, then your son is not obligated to exercise any visitation - - he can if he wants to, but there's no obligation.

If the father wants court ordered visitation, he would likely have to go back to the court and ask for it.
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