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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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If a child is 19 years old lives in SC with the father (mother

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If a child is 19 years old lives in SC with the father (mother lives in Tenn) but has mental disbilitys,(writes and reads at a fourth grade level) will one of the parents have to file for custody when divorced or can the child choose which parent she wants to live with. (social security disability may be filed soon for the child by her father but not known if accepted or declinded yet)
Submitted: 6 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

Is the child considered to be incompetent and unable to make his own decisions? Is the child self-sufficient? What is his IQ and development?
Customer: replied 6 years ago.



Reading RIT is 179 Grade equivalent -2.0

Math: RIT is 180 Grade equilvent -2.0

Teacher oberrvation shows, "She can read easily on the 2nd grade and sometimes 3rd grade level. She can read functional words which lets her read and understand directions. She will need to continue to address these skills."


The child can wash and dress herself, do her own laundary? She has not been able to pass a permit test for her drivers licence,( the sc drivers licence book is over her head) words like pedestrian. She has received a certificate from high school. (kind of graduated) She can cook. She can not count money. She can read and spell up to a 3rd grade level. Mild retardation is what it is called. She can make her own decisions, like who she dates and what she likes to eat. But not always make the best decisions for herself. She was a athlete in the Special Olympics and received awards in gymnastics.

She has learned how to use basic computer skills. Especially face book and chat rooms. She can learn and dial phone numbers. She was in special classes throught out her schooling. She walks and talks just fine. Matches up color with clothes.Dresses well for the weather.She has never had a job other than babysitting for a friends baby.


Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up.

It sounds like the child, while having mild functional retardation, is otherwise legally competent and therefore is treated as an adult for all practical purposes (to take away her rights, the father or the mother would have to pursue a formal competency hearing so that the legal rights would be curtailed and the legal decisions handled by a formal guardian). Currently, since the child is still effectively deemed a functioning adult, the child herself can choose with whom to live, as she is of legal age to make such a decision for herself.

Good luck.
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