Saturday, April 12, 2014

How do I evict 18 yo child with extreme disrespectful behavior that has evolved over the years into physical damage to house?

Q:  Started at 14-15 y.o. Even the slightest request to "clean up" or "help around the house" results in cursing, yelling to the point that neighbors will call police, and now she is breaking things and hitting us when we try to restrain her. We have sought counseling which only lasts temporarily despite many meetings and several counselors. Each explosive episode is worse than the last with this morning's climactic episode resulting in my seeking legal advice for eviction. All my wife asked her to do was help carry clothes to the car when on their way to the gym. She has dropped out of college with only 1 semester half completed and no job (and not trying too hard to find one). Has way too much time on her hands but God forbid you try and approach her on that subject and all hell breaks loose

A:  David's Answer:  She is an adult for custody purposes, but still a minor until age 21 for support purposes. Thus, you can kick her out, but if she's financially-needy & goes on public assistance, DSS can sue you for child support until she's 21. As such, if she's violent then you can file for an order of protection in Family Court & ask that she be excluded from the house. Just be prepared to send her financial support so she can afford a place to live as the Family Court won't want to create a situation where she's homeless or destitute. Consult a Family Law attorney in your area.   -- David Bliven, Westchester Family Law attorney (

No comments:

Post a Comment