What can I do to Gain Visitation of my Adult Son who is Incompetent from Birth?
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Summary
My ex-wife received full custody of our son while she resided in the State of Wyoming. My son has been incompetent from birth and is now 30 years old. Both she and my son live together now in Florida. If I want visitation with my son, what must I do and in what State must this be done? |
“My ex-wife received full custody of our son while she resided in the State of Wyoming. My son has been incompetent from birth and is now 30 years old. Both she and my son live together now in Florida. If I want visitation with my son, what must I do and in what State must this be done?”
Generally under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the Court that originally issued orders concerning child custody would retain jurisdiction to make further orders. That would be the Court in Wyoming. Since nobody lives in Wyoming, a transfer of venue to Florida may be indicated. As near as I can gleen (and you are advised to seek counsel) you likely would need to ask the Court to appoint a guardian ad litem for your son to help decide whether visitation with your son is indicated.
Before hiring a Wyoming attorney to change venue to Florida (or even your home state), try talking to your -ex about whether you can spend time with your son.
Request a confidential divorce or family law case evaluation with an attorney in your area right now! Don’t delay! Time wasted can have a serious impact on the outcome of a family law case!
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For more on this subject check out these categories: Family Law, Visitation
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.