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Can my Daughter who is 18 sue the parents of the Father of her child for child support?

Can my Daughter who is 18 sue the parents of the Father of her child for child support?

Q: Does an 18 year old have to follow a custody agreement?

Yes, an 18-year-old must follow a custody agreement as long as it is legally binding. However, once they reach adulthood, they can request modifications to the agreement if circumstances change. It's important to follow the legal process for any changes to ensure compliance with the court's orders.

Full question:

My daughter is 18 and has a child with her 17 yr old boyfriend. They split up and decided to go there seperate ways how would she go about getting joint custody of her baby? do she have to file against the father or his parents being he is still minor?

Category: Minors
Subcategory: Support
Date: 04/07/2025
State: California

Answer:

A minor can be sued for child support. If the minor is sued for child support by an adult a Guardian ad Litem or one of the Parents would have to be appointed as representative of the minor.

Minor parents have the same responsibility as adults when it comes to child support. The Court might consider the financial contribution of the minor's parents to the support of the child in determining the amount of child support. The Court can also re-determine the amount of child support amount when the minor completes high school and gets a job. The Court could even order that the minor get a part time job.

Courts can consider the minor's ability to earn money while in school, the parents financials, and things like where the minor is living.

Concerning the bigger question of whether the parents of the minor (grandparents of the child) can be obligated to also pay child support as long as their child is a minor.

State laws vary, but generally the grandparents do not have to pay child support for their grandchildren unless they have assumed the role of the parent, specifically, "If a grandparent voluntarily assumes the role of a parent, or establishes an in loco parentis relationship, the grandparent may have the duty to support the grandchild."

However, this is not true in every state. In fact, there are at least thirteen states which have created statutes which provide for some type of grandparent liability for child support, although some support may only be required if the parents are minors and the custodial parent is receiving public assistance.

Reference: https://www.myattorneyhome.com/questions/can-a-minor-be-forced-to-pay-child-support

Also the Welfare Reform Act could affect the situation if it applies.

Reference: http://advocatesforadolescentmothers.com/article/teen-parents-reauthorization-welfare-reform/

A good article on the subject is available at the link below.

See https://www.rosen.com/childsupport/csupportarticles/child-support-obligations-of-grandparents/

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What not to say during a custody battle?

During a custody battle, avoid making negative comments about the other parent, as this can reflect poorly on you. Don't share personal grievances in court or public settings. Avoid discussing your child's private matters or using them as leverage. It's also wise not to make promises to your child about custody outcomes, as this can create false hope. Focus on presenting your case based on facts and your child's best interests.

How to win a child custody case without an attorney?

To win a child custody case without an attorney, gather all relevant documentation, such as financial records and evidence of your parenting involvement. Prepare a clear parenting plan that outlines your proposed custody arrangement and how it serves the child's best interests. Be organized and present your case logically in court. Familiarize yourself with local laws and court procedures to ensure you comply with all requirements.

Does an 18 year old have to follow a custody agreement?

Who are the best witnesses for a child custody trial?

The best witnesses for a child custody trial include family members, teachers, and childcare providers who can speak to your parenting abilities and the child's well-being. Character witnesses who can attest to your stability and suitability as a parent can also be valuable. Ensure that witnesses can provide relevant, factual testimony that supports your case.

How to impress a judge for child custody?

To impress a judge in a child custody case, demonstrate your commitment to your child's well-being. Be respectful, punctual, and prepared in court. Present a well-thought-out parenting plan that prioritizes the child's needs. Show that you can provide a stable environment and maintain a positive relationship with the other parent. Avoid negative remarks about the other parent, focusing instead on your strengths as a caregiver.

What to say to a judge to get custody of your child?

When speaking to a judge about custody, emphasize your child's best interests. Clearly outline your parenting plan, including how you will provide for their emotional and physical needs. Discuss your involvement in their life, your stability, and your willingness to facilitate a relationship with the other parent. Use respectful language and remain calm to convey your seriousness and commitment.