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

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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: 7 months ago.Category: Family Law
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12/17/2017
Family Lawyer: Infolawyer, Lawyer replied 7 months ago
Infolawyer
Infolawyer, Lawyer
Category: Family Law
Satisfied Customers: 62,955
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!
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Customer reply replied 7 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 7 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 7 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.
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Family Lawyer: Infolawyer, Lawyer replied 7 months ago
In any event court will want input and consider your modifications.
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Family Lawyer: Infolawyer, Lawyer replied 7 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 7 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 7 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.
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Family Lawyer: Infolawyer, Lawyer replied 7 months ago
Is that now clearer and acceptable?
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Customer reply replied 7 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 7 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.
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Family Lawyer: Infolawyer, Lawyer replied 7 months ago
Good luck!
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Family Lawyer: Infolawyer, Lawyer replied 7 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.
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Customer reply replied 7 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 7 months ago
Correct but issues not raised in the petition can be raised informally in court or formally with own petition.
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Family Lawyer: Infolawyer, Lawyer replied 7 months ago
You would also raise your position on the issues in affidavit in opposition.
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Family Lawyer: Infolawyer, Lawyer replied 7 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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