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posted to Family Law Attorneys on 05/11/09 07:18 PM, New Rochelle, NY 10801

Does an order of sole custody end when a child turns 18 even if that child is a full time stuudent, in College?

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Answered By

Glassman Loren I, 05/12/09 05:13 AM

Glassman Loren I
99 Court St
White Plains, NY 10601
914-946-9225
lorenglassman@gmail.com

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When a child turns 18, he or she is legally an adult and is therefore no longer in the custody of either parent. This is true whether or not the now adult child is attending college. HOWEVER, for child support purposes, your son or daughter remains eligible for child support until reaching the age of 21 unless sooner emancipated. In addition to turning 21, emancipation events include joining the military, living on one's own and being self supporting, or permanently leaving home and refusing to submit to parental authority. Attendance at college is NOT an emancipation event. Many divorce agreements recite that if a child is in college, support must continue until the child graduates or turns 22.

Thus for child support purposes, you remain the custodial parent until the child turns 21 even though the child becomes an adult at 18.

If you need to enforce an order of child support or to modify an exisitng child support order to include payments for college tuition and other college expenses, the Family Court can give you the relief you are seeking.

I have been a divorce and family law attorney for 32 years. You may call me if you need help.

Loren I. Glassman, Attorney at Law

99 Court Street, White Plains, New York 10601

(914) 946-9225

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