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  • access older disabled child

    I have a son who is 22 years old non verbal autistic, Our seperation agreement was drawn up when he was 11, in it i am supposed to have once a month visits and generous access , his last visit was xmas 2019, then weekly skype calls dropped to nothing with covid happening , so it has gotten to a point where the ex wont answer calls or texts regarding getting touch with him , I saw him in august when we went to where he lives , 10 hrs away , mom didn't pay the agreed upon travel expenses as outlined in the agreement , and limited my visit to a few hours a day , for various reasons like he's sleeping at all of the day to i am at work please wait till i get home , even thou her boyfriend is there,
    I would like to know if i file with the courts are they gonna inforce these issues or is there another way to enforce i get access to my son
    and yes I am still paying support , its not a issue

  • #2
    Is your child incapable of making decisions for himself? Has this been proven in a court order?

    If you answer no then he is over the age of majority and can make his own decisions on whether he wants to see you or not. Whatever was in a previous “order” is moot as he has aged out of her following it.

    Your ex has the right to deny you access to her property to see him. Your son needs to step forward and put forward a plan to see you. Your ex can simply claim he doesn’t want to see you and a court will agree.

    Unless he is medically incapacitated and your ex is designated as his official guardian for decision making purposes you are at a loss on enforcing anything.


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    • #3
      y

      yes, he is mostly non verbal , she claims to have been awarded gardianship of him but provides no proof

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      • #4
        Then she hasnt and she can still deny you access to her property. There is nothing a court can do.

        If this is the same kid who was selling pot a few years ago and refusing to see you because you creeped his facebook, I have a hard time believing he is disabled enough to need a guardian. It would be more likely to have court involvement if he was severely disabled and had a court appointed guardian to make full decisions for him.

        Perhaps if you stopped support she might be more motivated.


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        • #5
          no that was my other son , is 18 now and on his own , I have two son's . the autistic one is 22 none verbal, lives with her , and support is being paid , and no stopping it is not going to happen , two wrongs don't make a right

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          • #6
            Its not really a wrong. If he is that disabled he is eligible for odsp. She has no motivation to do anything.


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