Child Custody After Age 18 In New York

[cmskch]

My question involves a child custody case from the State of: New York. I have a son who is 18 years old and has Asperger Syndrome and other medical problems. I have joint custody with the father. I have residential custody. When the child turned 18 the father convinced him to move in with him and is refusing to get the child the medical care he needs. I've been told that because the child is now 18 that there is nothing I can do. Are there any options?

[Xena]

My question involves a child custody case from the State of: New York. I have a son who is 18 years old and has Asperger Syndrome and other medical problems. I have joint custody with the father. I have residential custody. When the child turned 18 the father convinced him to move in with him and is refusing to get the child the medical care he needs. I've been told that because the child is now 18 that there is nothing I can do. Are there any options?

Is your child legally disabled?

If he is, there might be someting you can do because there are laws regarding neglect of a disabled adult.

[cmskch]

No, as far as I know he does not "qualify" for legally disabled. The doctors agree that he does not function at the age of 18 but at the age of 13. He has muscle atrophy, he is severely malnourished weighing only 81 pounds and has been going to physical therapy. He's undergone many medical tests only to find that he has rheumatoid arthritis, hyper reflexes, and an eating disorder. The father convinced him he is ok and no longer needs any doctors and that I was only putting him through these medical tests to cost the father lots of money. He is in 11th grade at school and the father is also telling him he does not need to complete school. The child wants to go to college. But after all this I am told he does not qualify for legally disabled.

[Xena]

No, as far as I know he does not "qualify" for legally disabled. The doctors agree that he does not function at the age of 18 but at the age of 13. He has muscle atrophy, he is severely malnourished weighing only 81 pounds and has been going to physical therapy. He's undergone many medical tests only to find that he has rheumatoid arthritis, hyper reflexes, and an eating disorder. The father convinced him he is ok and no longer needs any doctors and that I was only putting him through these medical tests to cost the father lots of money. He is in 11th grade at school and the father is also telling him he does not need to complete school. The child wants to go to college. But after all this I am told he does not qualify for legally disabled.

I'm sorry, but there's nothing you can do because your son is an adult he has the right to choose where he lives and the right to refuse medical treatment.

[Driggio]

I'm sorry, but there's nothing you can do because your son is an adult he has the right to choose where he lives and the right to refuse medical treatment.

Although he is numerically 18-years-old, because of his asperger's syndrome, he has the mentality and maturity level of perhaps a 14-year-old. His father is not capable of getting him the help and medical attention that he needs and his family fears that he will not live that long in the medical condition he is in. Due to these circumstances, can't his mother pursue an order with the Court deeming him incompetent and not a true 18-year-old so that he can be ordered to return to his mother's home where he will receive his very much needed medical care?

[aaron]

An overview of guardianship laws relating to developmentally disabled persons in New York can be found here. That's written for Niagra county, but the information appears applicable statewide.

[Driggio]

Thank you for the information.