Many parents think that, with the eighteenth birthday, every legal bond between mother, father and child comes to an end. But it is not so. In some situations, even after the age of majority, the intervention of the judge may become necessary, especially if the child is not economically self-sufficient or finds themselves in a condition of vulnerability. Let us therefore dispel the widespread idea that custody of the adult child does not exist: there are real cases in which legal protection continues.
When the adult child is not yet self-sufficient
The fact that a child has turned 18 does not automatically mean that they are independent. If they have not completed their studies, are looking for work or are in financial difficulty, the parents remain bound to contribute to their maintenance. The legal principle behind it is simple: the maintenance of the child after the age of 18 is legitimate as long as the child has not achieved real autonomy.
In such cases, the court can intervene at the request of one of the parents, for example when there is disagreement on the apportionment of expenses or on the day-to-day management of cohabitation. This is where the relationship between judge and adult children comes into play: the judge assesses the situation and can establish economic obligations, methods of cohabitation or even separate management in extreme cases.
Vulnerable children and parental responsibility beyond the age of majority
There are situations in which the child, although of age, has a disability or a psychological condition that makes them unable to support themselves. In such cases, parental responsibility does not end, but is transformed: the parents can request support administration, interdiction or other forms of protection. Here too, it is essential to know when the judge intervenes after the age of majority.
The law does not provide a precise date on which every parental duty ceases. Everything depends on the concrete conditions of the child. For this reason, speaking today of parents and responsibility towards adult children has a much broader meaning than in the past.
Legal decisions involving children even as adults
In the case of separation or divorce, parents can have divergent opinions on the management of the adult child. If for example the child returns to live with one of the two or asks for economic support not provided for in the agreements, one may have to turn to the court to define new balances.
The legal decisions involving adult children can also concern situations in which one of the parents opposes further economic contributions, while the other continues to consider them necessary. In the absence of an agreement, the judicial authority has the task of assessing the merits of the requests and the actual state of need of the child.
In these circumstances, knowing one’s rights and the room for action can make the difference. When family dynamics become complicated and a balance between affection and legal responsibility is needed, turning to a professional can help to protect the well-being of all. Studio Legale Boschetti deals with these cases with sensitivity and competence, offering concrete support in delicate moments of family life.
