Can Parents Kick Teens out of Their Home?
Broken rules. Words spoken in anger. An uncomfortable truth brought into the light. A slammed door marking a hasty departure. The details may vary, but the overall scene is familiar for too many families. For whatever reason, parents have told one of their children to get out. It's often heartbreaking for all family members involved. But can a parent legally kick out a minor child?
Enduring Responsibilities
As any parent making child support payments can tell you, your requirements for the care of your children don't cease if you're no longer in the same house as they are. Parents are responsible for supporting their underage kids until they reach the age of majority and become an adult child.
This is usually when they become an 18-year-old young adult, but it can vary by state. Many states extend the support requirement until the child graduates high school, which is often after their 18th birthday during senior year. Parents must provide adequate food, shelter, clothing, medical insurance, educational expenses, and more for their offspring.
This is not a choice, but rather a legal obligation. Not meeting your parental support requirements can be considered child abandonment, child neglect, or some other form of child maltreatment. If a parent forces a minor child to leave the family home, their responsibility for the child's well-being doesn't end.
Depending on what happens to the child during their exile, a parent might face criminal charges. Throwing a minor child out of their home with no alternative support plan in place doesn't reflect well on a parent in court. It's also important to know your state's laws on parental punishment limits. What's considered child abuse in one state might be a legal form of parental discipline in another.
Take It on the Run
If you're wondering if parental responsibility is waived if a minor child runs away on their own instead of being kicked out, the answer is no. At times a child storming out of the house and vowing never to return might be the best solution for a volatile moment, but their safety and well-being is your responsibility.
That means once a parent has regained control of their emotions, it's their legal duty to try to find the child and make sure they're safe. This includes alerting law enforcement if they're unsuccessful in locating them on their own. If underlying issues include drug or alcohol abuse, treatment programs may be an option.
How Emancipation Works
In certain situations, minor children can waive their legal rights to have their parents provide for them until they reach the age of majority. This is done through a legal process called emancipation. Minors who get married or join a branch of the military may be automatically emancipated.
Others must petition for emancipation. In most cases, this is done in a state's family court. Getting legal advice or representation from a family law attorney for this complex process is highly recommended. In most states, a 16-year-old can file for emancipation. The court will determine if emancipation is in the child's best interests before issuing a court order.
There are many reasons why a court would agree to a minor child's emancipation. Generally, the child's well-being is of paramount importance. If the living situation at home is a threat to the physical or mental health of the child and they have a viable alternative that includes moving out, it might be the best solution possible. A minor with full-time employment in place is likely to be granted emancipation.
A Tough Time Doesn't End Obligations
Raising a teenager is rarely simple or easy. As they develop and grow, it's natural for them to butt heads with the main symbols of authority in their lives — their parents. While kicking them out of the house and telling them to fend for themselves might seem like a reasonable solution at the time, it's likely not a legal one.
It's easy to say that both parents and children should try to de-escalate any disagreements before they reach a stage involving an eviction. In practice, it's not always possible. Regardless of whose fault it may have been, the responsibility of parents to provide or their children outweighs hurt feelings on both sides.
Related Resources
- How To Become an Emancipated Minor (FindLaw Blog Archive)
- Is It Legal To Move Out at 17? (FindLaw's Law and Daily Life)
- How Long Do Parents' Legal Obligations to Their Children Continue? (FindLaw's Family Law)
