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Okay I have a more difficult scenario to deal with.
At 20 years of age, I fulfilled the father role of my wifes daughter. I was in the military at the time. I felt it was right to adopt her (military for free), and make our family whole. She was 7 at the time. I also shared 2 children with my wife.
3 1/2 years later, I divorced her mother, and have had her daughter visit one time. Since the divorce, the daughter has taken to her mother, and does not talk to me. When I have attempted, she uses words that children should eat soap for using. This is now 4 years since the divorce, and the daughter still wants nothing to do with me. The child now lives with her grandmother, not the rmother, because they do not get along either. I have custody of the two children that me and my ex wife share.
I have been researching termination of parental rights, and it is very clear that I will not have a say so in her life. I have even signed legal guardianship over to her grandmother. Now comes the child support portion. I see in some states it is up to the judge whether or not support will remain. In my case, of an adopted child of 7 years (age 14 now), that wants nothing to do with me and wants me to be out of her life, must my payments remain until age 23?
Child support and Custody rights are separate, it would be VERY unlikely that you will get to discontinue Child Support as it's been established for 7 years, no matter the state
Child support and Custody rights are separate, it would be VERY unlikely that you will get to discontinue Child Support as it's been established for 7 years, no matter the state
I believe the question is whether it should/would/could continue until age 23. How long it's been established is meaningless to the Courts.
So what state is this in? I ask because Indiana keeps being brought up and if it is in Indiana I can give you a wealth of knowledge but I don't think it is. Bottom line you are the legal father if you would rather the child live with the grandmother that is fine. However, if you brought it to court you would have equal right to her with her mother (it's not a three way split between you the mother and the grandmother). So while yes she can tell the judge where she would prefer between you and her mother the grandmother would not be an option.
I don't know about Indiana - have studied the law in Illinois and know that here, college support arrangements are typically addressed in child support sections of the divorce decree. That doesn't mean the non-custodial parent must support the child that long, but the courts like the question to be addressed before finalizing the decree.
I think you get into murky water when speaking of "most states" because even in knowing one state's laws, there are often details and exceptions that are not considered when a line is plucked from statute. Further, a lot of these issues are not statutory- they are common law, and are a lot murkier to interpret.
My suggestion is that the OP should talk to an attorney, in the state where the current child support agreement is in force. We can speak in generalities, but I think he needs advise specific to his situation and that jurisdiction. The fact that he signed over rights to the maternal grandmother is a point of interest - he may be free of the financial responsibility with that done.
And just a thought - he says he has custody over two of the children from the marriage, she has custody of one (if I understood that correctly). If this is the case, he has 2/3 of the children and should be recieving, rather than paying, support. It seems each should just support one child outright, and for the second one in his custody, the mother should provide some support. Of course, this isn't usually so cut and dried - if she can't afford this, the court may still order him to pay support to her. Again, he needs a lawyer - it's complicated!
And just a thought - he says he has custody over two of the children from the marriage, she has custody of one (if I understood that correctly). If this is the case, he has 2/3 of the children and should be recieving, rather than paying, support. It seems each should just support one child outright, and for the second one in his custody, the mother should provide some support. Of course, this isn't usually so cut and dried - if she can't afford this, the court may still order him to pay support to her. Again, he needs a lawyer - it's complicated!
Apparently the Court which issued an Order that OP pay until the child is age 23 does not agree with you.
Signing legal guardianship to the grandmother is not the same as the grandmother adopting the child. So, again if more information about the case such as the state it is taking place in would be of great use in getting the answers.
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