Does an 18 yr old with down syndrome have rights?

[cathy14]

I have an 18 yr old son with down syndrome, and his father placed him in a group home without my knowledge and I am trying to spend weekends with him but his father says that since he checked him in that he controls when he can see me, he feels that he is his legal gaurdian, My son is begging to come live with me cause he hates it there. Do I have the right to bring him home? Does my son have the right to leave the group home since he is 18? Does the group home have the right to deny me access to my son?

 

[Proserpina]

What exactly do your custody orders say? Assuming that your son's condition was taken into account during the custody hearings etc.?

 

[bluemann33]

I have an 18 yr old son with down syndrome, and his father placed him in a group home without my knowledge and I am trying to spend weekends with him but his father says that since he checked him in that he controls when he can see me, he feels that he is his legal gaurdian, My son is begging to come live with me cause he hates it there. Do I have the right to bring him home? Does my son have the right to leave the group home since he is 18? Does the group home have the right to deny me access to my son?

... Such a guardian has a duty to take care of the ward. He/she will decide where the ward will live. He/she cannot place the ward in a nursing home or other residential facility unless specifically given that authority by the Court.....

So like pro said check the custody orders and see if the courts approved your son being placed in a group home. Good luck and hope your son is able to live with you instead of a group home.

 

[cathy14]

18 yr old with down syndrome

The custody papers say case dismissed, judge said we were to work visitation out between us, does not say he can place him in group home, he did not enter my sons life until he was 13 yrs old, he agreed to help take care of him while i was trying to help my daughter through her difficulties, after 4 yrs he put him in group home, i have visited my son more than he has and i live twice as far away .

 

[jharris352]

Your son automatically became an adult at 18 and yes, until he has been adjudicated to be incompetent to handle his own affairs he is able to do whatever he wants to. He can not be "signed in" to a group home by someone who does not have guardianship papers signed by a judge. Call the home, tell them that you are coming to pick your son up, and if they argue tell them you want to see the father's guardianship papers or you will sue them in court for false imprisonment of your son.

If your ex is not the legal guardian, his "incarceration" is not valid.

 

[cathy14]

18 yr old withdown syndrome

I would like to thank all of you for your help with this situation! Your info has been very helpful!