Once a disabled child becomes a majority can the court order additional
timesharing? Under Florida child custody laws, the court does not have
jurisdiction to order timesharing once a child becomes 18 years of age,
regardless of the child disabilities. Once a disable child reaches 18
years of age or older, the court no longer has the ability to order timesharing
between parents. In a recent case, Hardman v. Koslowski, the First District
Court of Appeal tackled the issue of revolving the allowance of timesharing
once a disabled child reaches adult age.
Under the Uniform Custody Jurisdiction and Enforcement Act, the word child
is defined as "an individual who has not attained 18 years of age."
So regardless of the child's mental and physical state, a parent cannot
be granted additional time sharing time once the child becomes a majority.
Hardman v. Koslowski
The case regarding this issue, Hardman v. Koslowski, involved divorced
parties who have a disabled son who suffers from acute epileptic condition
that hinders his mental and physical capabilities. Once the son became
18 years old , the father, who resides in Florida, tried to have the court
appoint him additional timesharing with his son, who lives in Washington
State with his mother and stepfather.
The trial court agreed and ordered additional timesharing. However, the
appellate court disagreed with the court's decision and overturned
the order, claiming the trial court no longer had jurisdiction over the
matter of timesharing since the disabled child became a majority.
Even though time sharing rules are not recognized in this case, child support
laws are different for each specific case. After a child reaches majority,
trial court has the jurisdiction to order child support payments to continue
due to the disabled child's incapacities. The case was resolved on
the idea that the court may order either or both parents who owe a duty
of care/support to pay child support to the other parent.
For more information regarding time sharing,
contact Hutchinson Law to speak with a seasoned Jacksonville family law attorney today.