Parents have a legal obligation to provide for and support their minor children. This generally means they cannot legally kick out a child under the age of 18. However, there are some exceptions and nuances around when a parent can or cannot ask a child to leave the home.
Quick Answers
– In most states, parents cannot legally kick out a minor child under 18 years old.
– Once a child turns 18, they are considered an adult and parents can legally require them to move out.
– Some states allow parents to kick out 16 or 17 year olds under limited circumstances like severe behavioral problems or delinquency.
– Parents must follow proper legal eviction procedures even with adult children. They cannot abruptly lock them out.
– Parents have no financial responsibility for children over 18 except in some cases if the child is still attending high school.
When Can You Legally Kick Out a Minor Child?
In the United States, the age of majority – when a child legally becomes an adult – is 18 in most states. Parents are legally responsible for the care, housing, education, and well-being of their minor children. This responsibility includes providing food, clothing, shelter, medical care and proper supervision.
Since minors cannot legally live on their own, parents cannot legally kick out or force a child under 18 to leave home without providing adequate alternate living arrangements. Doing so would violate child welfare laws that prohibit child abandonment, neglect, and failure to provide.
There are a few exceptions where parents can legally require a minor child to leave home:
- The child is emancipated – has been granted adult legal status by a court.
- The child is incarcerated or has been placed in juvenile detention.
- The child is removed from the home by social services due to abuse or parental inability to care for the child.
- The child is placed in alternative housing and care voluntarily such as boarding school, treatment facility or temporary foster care.
- Some states allow parents to petition the court to remove a 16 or 17 year old child from the home if they are engaging in seriously delinquent behavior such as violence, theft, or running away.
So in general, no – parents cannot legally kick out a minor child solely because they don’t want the child living at home. The only legal option is to find an appropriate alternative living arrangement and care for the child.
Can You Kick Out an 18 Year Old?
Once a child turns 18, they are considered an adult in the eyes of the law. At this point, parents can legally require their 18 year old son or daughter to move out. However, they must follow proper legal procedures for eviction just as with any tenant or adult living in the home.
Some key considerations regarding kicking out an 18 year old:
- Parents must provide written notice, usually 30 days, for the 18 year old to vacate.
- If the 18 year old does not leave voluntarily, parents must go through the formal eviction process which involves filing for an eviction with the courts.
- Parents cannot resort to illegal eviction methods like changing locks, shutting off utilities, or removing belongings.
- The 30 day notice period and eviction process apply even if the 18 year old is not paying rent.
- Police can be called to remove the 18 year old if they are trespassing after the eviction process is complete.
Age of majority laws and landlord-tenant laws protect legal adults from improper eviction even by parents. While parents can kick out an 18 year old child, they must take legal steps to do so properly.
When Does Child Support End?
Parents are not legally required to provide financial support for children over 18. However, in some cases they may still be responsible for providing support:
- If the 18 year old is still enrolled in high school, some states require parents to continue child support until graduation.
- If the adult child has special needs or disabilities that prevent independence, the parents’ support obligation may continue indefinitely.
- Child support generally continues until age 21 if the child is enrolled in college or a vocational program as a full time student.
- Divorced parents must continue court-ordered child support arrangements until modified by the courts, regardless of age.
- Parents cannot kick out an 18 year old and simultaneously cut off financial support while they are still enrolled in high school. They must either maintain the home or provide equivalent support.
So while parents can kick out an 18 year old, they cannot immediately cut off vital financial support while the child is still completing high school or a similar program as required by law.
Can You Kick Out Your Child for Bad Behavior?
It is understandable that parents get frustrated with defiant, destructive or dangerous teenage behavior. However, they cannot legally kick out a misbehaving minor child unless alternative living arrangements are made.
Some steps parents can legally take to discipline an out of control youth include:
- Take away privileges like allowance, electronics, social activities.
- Ground the child and enforce curfew limits.
- Enroll the child in counseling or treatment programs.
- File a CHINS (child in need of supervision) petition with the courts.
- Explore temporary respite care such as crisis shelters or foster care.
Kicking a child out due to behavioral problems could exacerbate the issues and lead to criminal behavior or substance abuse. Parents should seek professional help and support to positively address destructive conduct before it escalates to the point warranting removal from the home.
What Age Can You Refuse to Support a Child?
As discussed earlier, in most states parents have no legal obligation to financially support children over 18 except in special circumstances:
- If the 18 year old is still enrolled in high school the parents must continue support until graduation.
- If the child has disabilities that prevent independence, the parents’ support obligation may continue indefinitely.
- Parents must continue court-ordered child support until modified by a judge.
- If the child is enrolled full time in college or vocational studies, support often continues until age 21.
So in most cases, parents can legally refuse to provide financial support once the child turns 18 and is no longer attending high school or a similar secondary education program as required by their state. Voluntarily helping with college expenses is up to the parents’ discretion.
Can You Kick an 18 Year Old Out Right Away?
When children turn 18, parents often expect them to immediately act like responsible adults and live independently. However, legally 18 year olds still have protections from improper eviction even by their parents.
Key considerations when requiring an 18 year old to move out include:
- Parents must provide written notice, usually 30 days, that the 18 year old can no longer reside in the home.
- If they do not leave voluntarily in the timeframe, formal eviction proceedings must be followed.
- If the 18 year old pays rent and has an informal tenancy, 60 days notice may be required.
- The 30+ day notice still applies even if the 18 year old does not pay rent and has no lease agreement.
So while parents can kick out an 18 year old, they cannot change the locks, shut off electricity, or forcibly remove them right away. Proper notice must be given and the formal eviction process followed if needed.
Should You Charge Rent to an 18 Year Old?
When an 18 year old is still living at home, parents can legally charge them rent just like any other adult. If rent is charged, it establishes a formal landlord-tenant relationship.
Some pros and cons of charging an 18 year old rent include:
| Pros | Cons |
|---|---|
| Teaches financial responsibility | May cause conflict over high costs |
| Compensates for increased costs | Makes it harder for them to save money |
| Encourages more mature behavior | May incentivize them to move out sooner |
Collecting token rent around $100-$200 can offset costs without overburdening an 18 year old. Written expectations for rent, household chores and other rules can promote accountability. Make clear the consequences if they fail to pay or follow rules, such as legal eviction procedures.
Can You Kick Your Child Out at 16?
In most states, parents cannot legally kick out a child under 18 except in very limited circumstances. However, some states do allow parents to petition the court to remove a problematic 16 or 17 year old from the home under what are called “failure to supervise” or “ungovernable child” statutes.
Here are some key considerations around removing 16 and 17 year olds from the home:
- Parents must prove to the court the child is beyond their control with severe antisocial or dangerous behaviors.
- Behaviors may include criminal acts, substance abuse, chronic running away from home.
- The court may order alternative supervision and housing through child protective services.
- The child may be placed in temporary juvenile detention for assessment and monitoring by the courts.
- Counseling, treatment or special programs will typically be ordered for the child.
So in limited scenarios of severe delinquency, states give parents recourse to separate 16 or 17 year olds from the home environment. But extensive due process is required before a child under 18 can be legally removed from parental custody and care.
Can You Kick Out an Emancipated Minor?
Emancipation is a legal process where a minor child under age 18 is granted adult status and independence from parents or guardians.
An emancipated minor has the right to:
- Live apart from parents.
- Make their own housing and school decisions.
- Consent to medical treatment.
- Enter into contracts like loans, apartments and employment.
- Control their own finances and earnings.
Since an emancipated youth is no longer under parental responsibility, the parents can legally require them to move out of their home.
However, if the emancipated child is paying rent and has established tenancy, the parents must follow standard procedures for terminating a lease and evicting a tenant.
Getting Your Adult Child to Move Out
Many parents reach their limit once their son or daughter turns 18 and hope they will rapidly move out and start an independent adult life. But the transition to self-sufficiency can take time.
Ways to encourage an 18+ year old to move out on their own include:
- Communicate expectations for increased responsibility and independence.
- Charge reasonable rent to offset costs and teach financial responsibility.
- Set rules on household chores, curfews, guests, noise, smoking/drinking.
- Set a move out timeline, perhaps tied to finishing high school or turning a certain age.
- Help them research affordable housing and roomates.
- Assist in applying for jobs and budgeting independence.
- Clearly convey consequences if expectations are not met.
Creating structure and incentives can encourage adult children to take steps towards self-sufficiency while avoiding outright legal eviction.
Seeking Help for Troubled Teens
Parents struggling with an angry, defiant or destructive teenager may feel helpless and overwhelmed. Rather than kicking the child out, professional help should be sought.
Some options for assistance with troubled youths include:
- Counseling – individual therapy can help identify root causes and learn coping strategies.
- Treatment programs – inpatient or outpatient programs help address severe issues like addiction, eating disorders, or mental illness.
- Behavioral therapy – helps develop problem solving and self-control abilities.
- Mentoring programs – develop self-esteem and model positive behaviors.
- Support groups – connect with other parents facing similar challenges.
- Temporary respite care – short term voluntary foster care or crisis shelter placement.
Seeking qualified professional support can help get a struggling youth back on track while keeping the family safely together. Parents should take steps to protect the entire household while avoiding irreparably damaging the relationship through illegal eviction.
Conclusion
Kicking a child out of the home is a serious matter legally and emotionally. Except in very limited circumstances, parents cannot evict a minor child under 18 outside the formal court process. And even adult children over 18 must be given proper notice and follow eviction protocols.
Rather than abruptly kicking a child out without resources, parents should set expectations for increased responsibility while seeking professional support as needed. With patience and proper guidance, parents can encourage healthy independence and adulthood while avoiding irreparable damage to the parent-child relationship.
