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Can a parent evict an 18 yr old from their house without some form of proof? what are my rights?

Syracuse, NY |

I am currently attending high school I live with my mom have no where else to go she is my only parent in the country. We have a bad relationship she tries her best to get me arrested over some petty things.Last month she claims she already went to court and I have 30 days to leave and now she is telling me i have a few days left. She has lied to me frequently i don't know what to believe, she could be trying to trick me. The only proof I have is her word and her handwriting on a paper which i don't have she took it back. Doesn't she have to take me to court? what would most likely take place if i were to be evicted and didn't leave? would I end up in jail?

Attorney Answers 3


  1. Your mother can't send you to jail without her pressing charges and filing reports with the police who must do that. She can't necessarily "evict" you either because she is responsible for your financial support until you reach the age of 21.

    Please see a guidance counselor or social worker/psychologist at your school or other trusted adult such as a minister as to what your options may be. They may be able to get Child Protective Services involved if there has been some kind of parental abuse or file a neglect or custody petition in Family Court. You may be eligible for foster care placement or a youth community living home in your community. Asking questions on this site is a big first step and there are supportive adults who can help if you seek it. Hang in there!


  2. I agree with Mr. Lebowitz. If there were any court proceedings going on, you would have to be given notice. She can't simply evict you like a tenant, because you are not a tenant. She can get you out if you do something that enables her to get an order of protection.

    Of course, if she is really making life impossible, you may want to leave. If you are not employed, you may wish toi contact your Department of Social Services. You may be entitled to assistance. If so, they will go after your parents for support. But the best advice is probably to speak with family or other responsible adults about your situation to see if you have any options.

    This anawer is not intended to create an attorney-client relationship and may be considered attorney advertising. This answer should not supplant advice received from any attorney the questioner may have or obtain, as that attorney will be able to provide more thorough and informed advice.


  3. No.

    A parent cannot evict a child using housing court because only family court has jurisdiction in matters of parents supporting their children. If she makes efforts to get you into housing court, ask the judge to dismiss the case because you are the son of the petitioner. That should end that problem.

    The rest of the issues require tons of philosophy. Horrific relationships between parents and their children are legendary in human history. In today's U.S., however, federal rules aimed at conditioning welfare on the enforcement of support of children has created a bonding ritual between unlikely partners - parents and the children who do not want to be with them. Legions of psychologists have been paid to serve as mediators in ongoing disputes, and nothing works.

    Expect a constant tension between the feeling that your mom wants to get rid of you and the feeling that she cannot quite let go. She needs an arrest as a way to diminish or terminate her obligation to support you. Expect to hear of demands to join the military or leave home and get married: these are typical emancipating events that end the requirement to support a child.

    Apparently she has not stumbled upon federal law that protects women. If she can successfully allege domestic violence (harassment, stalking, assault) against you, then you will be in serious trouble because of mandatory arrest rules. Until that time, you can take advantage of whatever support she does provide and finish up your basic schooling for future employment.

    Ultimately, you will leave this mess behind and probably will never return.