Can my husband file for sole child custody if my daughter is 18? 20 Answers as of June 10, 2013

I am filing for divorce from my spouse, and he said he would talk to his lawyer and refuses to sign the divorce paperwork because he does not agree with the monetary amounts of our assets. And he recently said he is going to ask for sole custody of our 18 yr old daughter. Can he get sole custody of our daughter even though she is 18?

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Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
Usually the age of majority is 18. If there are special circumstances, such as an intellectual disability, a parent might petition for guardianship of an almost or adult child. If there are no special circumstances, then in theory an 18-year-old could choose where s/he will live.
Answer Applies to: Washington
Replied: 6/2/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Potentially, if it is in the child's best interest. However, at age 18, she is one year shy of majority. Her opinion will carry a great weight with the court. Stay well.
Answer Applies to: Alabama
Replied: 5/26/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
To answer just your question, yes, if she is in college then she can still be in your 'custody', and you want to keep it that way. You need some legal advice. Do you have a lawyer? If your lawyer can not answer this simple question, then get another lawyer! Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
Answer Applies to: New Jersey
Replied: 5/25/2011
Goolsby Law Office
Goolsby Law Office | Richard Goolsby
Generally, unless there are some special circumstances which you have not described, custody would not be an issue after a child reaches 18. You did not indicate whether you have a divorce lawyer, but you should clearly retain one as soon as possible. Good luck!
Answer Applies to: Georgia
Replied: 5/26/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
If your daughter has graduated from high school she is no longer a minor, therefore neither of you would be entitled to custody. If she is still in High School you may seek custody of her.
Answer Applies to: California
Replied: 5/26/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    no one can get "sole custody" of your daughter because she's an adult and slavery was outlawed a long time ago. Good grief.
    Answer Applies to: Washington
    Replied: 5/26/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Once a child is 18 neither parent can be awarded custody.
    Answer Applies to: Oregon
    Replied: 5/26/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    A person is an adult at age 18, so neither parent can get any kind of "custody" unless she is sufficiently disabled to require a legal guardianship.
    Answer Applies to: Colorado
    Replied: 5/26/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    Since your daughter is of the age of majority, the court can't assign sole custody to anyone. She is an adult and can choose where she wants to live.
    Answer Applies to: Connecticut
    Replied: 5/26/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, your daughter is an adult and can chose for herself where she wants to live.
    Answer Applies to: Washington
    Replied: 5/26/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    No one gets custody of the 18 year old. She is an adult so the family court has no jurisdiction to make custody and visitation orders. If she is in school, you may still be able to get child support depending upon where she lives, but your husband cannot get custody and visitation orders. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/26/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. Until the child is emancipated, custody may be changed. At the age of 18, a child's 's desires would be compelling to the outcome.
    Answer Applies to: Minnesota
    Replied: 5/26/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Not without her consent at this point. Good luck.
    Answer Applies to: New York
    Replied: 5/26/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If your daughter is 18, she is an adult, and the parties to a divorce can't get custody of an adult child. However, if your daughter is still attending high school full time and has not yet completed the 12th grade, the party with "de facto" (actual) physical custody can get an order for Child Support payable until your daughter completes the 12th grade or turns 19, whichever occurs first.
    Answer Applies to: California
    Replied: 5/25/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    In the states of Michigan and Ohio, and all states that recognize the age of 18 as being the age of majority, your daughter will only be subject to parental custody until she graduates high school. It is highly unlikely that either of you would succeed in obtaining sole parenting without the consent of the other, or unless you have one big crime you are atoning for.
    Answer Applies to: Ohio
    Replied: 5/25/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    No.
    Answer Applies to: Connecticut
    Replied: 6/10/2013
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, custody of your 18 year old daughter (assuming she is not "dependent", e.g., special needs, etc). She is an adult.
    Answer Applies to: Washington
    Replied: 5/25/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    I'm assuming she is will be graduating high school in the next few weeks? If so, the issue is moot, unless she is handicapped in some way that makes her not able to function normally on her own. If she is a normal, healthy women, who is now no longer a minor, your husband's threats about filing for custody orders have no merit.
    Answer Applies to: California
    Replied: 5/25/2011
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