Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My daughter is turning 18 in later December. Her mom has…

Customer Question
My daughter is turning...

My daughter is turning 18 in later December.Her mom has legal and physical custody.The Separation Agreement states that she is not emancipated if she is still living at home and being supported by a parent until age 21.She has developmental problems and her mother has filed for guardianship.I have filed an opposition and plan to ask for me or an independent guardian be appointed due to the poor medical care she is getting from his mother.My question is this: when she turns 18 in a couple of weeks, what happens to the Separation Agreement and the rights that are in there? Especially regarding Visitation, my right to her medical and educational records, etc. Do those stay intact? Or will that Order be replaced by the guardianship action and whatever the outcome is? My understanding was that the Separation Agreement went away when she turned 18 and the guardianship action become the operative arena to resolve issues. But now I am not clear. Can you please let me know? Thank you.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Massachusetts

Lawyer's Assistant: Have you talked to a lawyer yet?

Not about this issue. Just about responding to the guardianship.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. I hope my question is clea.r clear.

Submitted: 4 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
12/17/2017
Family Lawyer: Infolawyer, Lawyer replied 4 months ago
Infolawyer
Infolawyer, Lawyer
Category: Family Law
Satisfied Customers: 60,883
Experience: Experienced lawyer
Verified
The parental rights and support obligations along with decision making in place continues. That cannot be changed unless the court ultimately grants a guardian superior rights in that regard which is usually not done unless the parents consent or the court finds it necessary.If needed, martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.Please let me know if the reply is acceptable by responding “yes” or “acceptable”Please select the 5 star (*****) rating on your page for the answer. Happy Holidays!
Ask Your Own Family Law Question
Customer reply replied 4 months ago
let me understand this.If the Court determines that my daughter needs a Guardian, and one is appointed, which could be her mom, me or someone independent, does the power of the Guardian replace what's in the Separation Agreement? Say about visitation and phone calls. Or my access to medical records. It doesn't seem practical that you would have two orders going at once -- a guardianship and separation agreement, before two different judges. And if a guardian is appointed -- say it's my daughter's mom or someone independent, can I bring modifications to the Court as with a separation agreement or a Contempt? What protects my right to see my daughter? I am still not clear. Thanks.,
Customer reply replied 4 months ago
Hi: I would rather do this by text if that's OK. I hope my question is clear. Let me know.
Family Lawyer: Infolawyer, Lawyer replied 4 months ago
If the court appoints a guardian the issue will be the precise powers given to the guardian and whether any of the parental ones are removed.
Ask Your Own Family Law Question
Family Lawyer: Infolawyer, Lawyer replied 4 months ago
In any event court will want input and consider your modifications.
Ask Your Own Family Law Question
Family Lawyer: Infolawyer, Lawyer replied 4 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”
Ask Your Own Family Law Question
Customer reply replied 4 months ago
I am sorry; I am still not being clear I guess. I understand there will be an order -- or not -- from the guardianship case. How does that affect the current order in the separation agreement? Is the presumption that once you seek a guardian at age 18 that the process and finding of the court replaces the prior order? It doesn't seem to make sense that there would be two orders with two different judges for the same child. I am asking in part because her mom has made it impossible for me to see her; and didn't mention anything in the guardianship petition. I am wondering whether to bring up visitation in my affidavit objecting to the petition for guardianship -- or might I need to file a modification for the old separation agreement.
Family Lawyer: Infolawyer, Lawyer replied 4 months ago
The guardianship order would override the current separation ageeement. Often it will leave portions unaffected and say so in the guardianship order to the extent one entered.
Ask Your Own Family Law Question
Family Lawyer: Infolawyer, Lawyer replied 4 months ago
Is that now clearer and acceptable?
Ask Your Own Family Law Question
Customer reply replied 4 months ago
I should go into the guardianship hearing looking for whatever the issues are -- whether my daughter should have a guardian and the other issues as well (visitation, etc.) If those issues were not raised in the petition for guardianship, where do I raise them? In my affidavit? I am asking for a GAL -- but I wanted to make sure the full scope of issues are addressed.
Family Lawyer: Infolawyer, Lawyer replied 4 months ago
You can file your own petition for issues not raised before the court. The court sometimes will also consider them informally at the court date.
Ask Your Own Family Law Question
Family Lawyer: Infolawyer, Lawyer replied 4 months ago
Good luck!
Ask Your Own Family Law Question
Family Lawyer: Infolawyer, Lawyer replied 4 months ago
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as experts are not employees of the site and do not get any credit for spending time with customers unless they leave positive feedback. Thank you.
Ask Your Own Family Law Question
Customer reply replied 4 months ago
I don't understand how I can file a petitition. One was filed and I have to respond to it with an affidavit.
Family Lawyer: Infolawyer, Lawyer replied 4 months ago
Correct but issues not raised in the petition can be raised informally in court or formally with own petition.
Ask Your Own Family Law Question
Family Lawyer: Infolawyer, Lawyer replied 4 months ago
You would also raise your position on the issues in affidavit in opposition.
Ask Your Own Family Law Question
Family Lawyer: Infolawyer, Lawyer replied 4 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”
Ask Your Own Family Law Question
Was this answer helpful?
Ask Infolawyer Your Own Question
Infolawyer
Infolawyer
Infolawyer, Lawyer
Category: Family Law
Satisfied Customers: 60,883
60,883 Satisfied Customers
Experience: Experienced lawyer

Infolawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
In Florida, if a mother is married but separated (but
In Florida, if a mother is married but separated (but perhaps not legally so) and has a child with another man she is not married to. The biological father signs the birth certificate, but the mother … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,399 satisfied customers
I share legal custody but retain physical custody of my
I share legal custody but retain physical custody of my daughters with their father. In regard to legal custody....if I wish to schedule counseling for my daughters for emotions around the divorce, am… read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
I have joint legal and physical custody of my kids. I need
I have joint legal and physical custody of my kids. I need to move away 400 miles for my husbands job. Do I need to change it from joint to sole or can I leave it when filling the move away order? I c… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
In thinking of giving my mother in law legal guardianship
Hello, in thinking of giving my mother in law legal guardianship rights so she can take care of medical and school needs, do I have to worry about my parental rights or could the guardian keep me from… read more
Sue
Sue
Juris Doctorate
384 satisfied customers
My wife and i have physical custody of her little cousin.
my wife and i have physical custody of her little cousin. the mother is trying to take her back, i guess my question is: What can we do to keep this from happening? … read more
Sean K
Sean K
Attorney/Member
JD
418 satisfied customers
I have 100 percent physical custody of my two grandchildren.
I have 100 percent physical custody of my two grandchildren. I have 1/3 custodial custody. My husband and I would like to move to Indiana from California. Their mother has not seen either one since I … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
My son has sole legal and physical custody of his daughter
My son has sole legal and physical custody of his daughter who is 1. He has all decision making rights. The mother gets supervised visitation once a week which half the time doesn't show up for. He is… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,820 satisfied customers
I have a joint legal and physical custody of 3 kids my
I have a joint legal and physical custody of 3 kids my intention was to move in with my parents so I can save money to make a down payment for a house bu my ex is opposing can he do that? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
I have full legal and full physical custody of both my
i have full legal and full physical custody of both my children. Visitation with the father is set as reasonable visitation. Do I have any right to withhold visitation. we got into a argument a few da… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
I'm contemplating sole physical custody of my son with
Hello I'm contemplating sole physical custody of my son with visitations but I'm not sure if I should do that. … read more
Infolawyer
Infolawyer
Lawyer
60,883 satisfied customers
What do you do if you have joint legal and physical custody
What do you do if you have joint legal and physical custody with 2 parents, but one of the parents refuses to pick up the child on their days? We have signed, court ordered weekly schedule. the one parent has skipped 17 days with their child. … read more
Infolawyer
Infolawyer
Lawyer
60,883 satisfied customers
I currently have sole physical custody of my children, but
I currently have sole physical custody of my children, but have agreed since day 1 of our divorce to a schedule of Wednesday overnights and every other weekend. I received a call yesterday morning fro… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
We have a legal issue regarding physical custody in New York
We have a legal issue regarding physical custody in New York that came up today where the father went and filed for physical custody without the divorce first requesting that his family gets both kids… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
I have a big question my mother has physical custody of my
I have a big question my mother has physical custody of my daughter and my daughters mother and I have joint legal custody the order that we have stated that the grandfather on the mothers side can't … read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
I have physical custody and sole legal custody of my sons.
I have physical custody and sole legal custody of my sons. The father lives across the country and will be visiting for the 2nd time since 2013. The children barely have contact with the father and he… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
What does joint physical custody mean in MN state? How is
What does joint physical custody mean in MN state? How is that different from sole custody with scheduled visiting time for one parent? Does this affect child support? Can you have joint physical cust… read more
Sue
Sue
Juris Doctorate
384 satisfied customers
If a petition for parental rights is brought upon a mother
If a petition for parental rights is brought upon a mother by a THIRD PARTY with no state involvement, does the third party have to offer the mother a case plan for reunification like the state would … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I have sole legal and physical custody.... visitations are
i have sole legal and physical custody.... visitations are supposed to be agreed upon both parties. however, due to my childrens hostile behavior I told him to meet the children supervised at a park o… read more
Sue
Sue
Juris Doctorate
384 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x