Can my mom stop me from moving out when I am 18 years old? Can she get in trouble for disturbing where I'm moving also?
3 attorney answers
First, I am sorry to hear that your relationship with your mother is so poor. That has to be very difficult for you.
Second: no, if you are 18 years old, you can move out and your mother can not prevent this. Be ready to take care of yourself in all respects, paying all your own bills and tanking care of your own needs. I agree with what the other attorneys said about planning this carefully, letting the people at your new place know what your situation is, and getting all of your belongings at one time.
If your mother causes you real problems at your new place, then you may need to go to the police, or maybe have a lawyer help you.
Please mark this answer as "Helpful" or "Best Answer" if my advice helped you. AND NOW THE DISCLAIMER: Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. The exact facts of your situation may give you a very different result. To get legal advice that you can rely on and use, please contact me directly.
When you move out plan your move so that you do not have to return to your mom's house to obtain more of your belongings as she may deny you access. If she creates problems where you are going to be living you can seek a restraining order if it rises to the level of harassment or worse. You may want to warn people at your new residence that your mom is upset, disagrees with your decision to live away from her, and she may create a stir (or worse) so they are prepared. You can call the police when you are moving to request an officer to standby for about 15 minutes max to help preserve the peace. You should stop by the police station in person to discuss this with them ahead of time if possible. Be sure you only take what is yours. Having someone else to help you carry things from the house is useful so you can stay in it yourself until you are ready to leave with the last of your belongings. If you take more than what is clearly yours, your mother may file theft charges against you. If you have a family friend that your mother and you both respect, talk with that family friend to see if that person can help the two of you work your way through this difficult period. Try to think through your planned move ahead of time and how you intend to provide for yourself, your transportation, health insurance and other living expenses taking as mature an approach as you can. This is a big step and will have a significant impact on your relationship with your mother both emotionally and financially going forward.
Your mother cannot stop you from moving out once you're 18, unless you have some disability that persuades a judge that you cannot care for yourself. The police, who are likely to be parents, some with older children, are not going to be excited about charging your mother with disturbing the peace unless her conduct is outrageous or repeated.
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