Legal Question in Family Law in California
How do I get my adult son to move out?
I have a son who has recently turned 18. He rages and has been abusive, both verbaly and physically for several years. He we have worked with many therapists and Psychiatrists but nothing has helped. He now refuses all medications. We have not had him arrested or hospitalized because we wanted him to graduate high school. It appears that he will graduate in June. He is making no plans to leave even though we have told him repeatedly he will not live here beyond June 30. How do we take legal steps to get him out of our house? We have been suffering and hanging on by a thread just to keep him till graduation. He can not live here anymore. How do we do it?
3 Answers from Attorneys
Re: How do I get my adult son to move out?
Assuming he is not legally insane or otherwise disabled, you have no further legal obligation to support him. Legally, he is a "lodger" (as opposed to, for example, a tenant) and you can call the police and have him thrown out anytime.
As a moral and practical matter, and you say you have given him notice, you might want to arrange things so that he is away from the house on some pretext, then change the locks and put his stuff in storage or give it to a trusted intermediary. Then break the news to him that he is no longer welcome to live at home, and give him the key to the storage locker or otherwise tell him how to get his stuff.
Re: How do I get my adult son to move out?
You may want to consider obtaining a restraining order. There is the domestic violence restraining order and there is also a civil restraining order. You should be able to get one or the other of these restraining orders. Since you mentioned his rages this might the safest route. You can get a temporary restraining order without notice to him and have him removed from the home pending a hearing.
Re: How do I get my adult son to move out?
What a tough position you are in. I had similar situation, but apparently not nearly as severe. You will need to take legal action if he does not leave on his own accord. You can have him removed pending hearing. Call to discuss.
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