Legal Question in Family Law in Rhode Island

My 17 1/2 year old son took off to Flordia with 2 of his friends without my permission. I filed a missing persons report because we weren't positive of where he was. He has stated to me that if I go to get him he will take off before I get there and if I manage to bring him back home he will take off again as soon as possible. What are my legal responsibilities if he stays there or if I bring him home and he takes off again?


Asked on 2/04/13, 9:42 am

1 Answer from Attorneys

Christopher Pearsall Law Office of Christopher A. Pearsall, Esquire

I must assume for the sake of this answer that you and your son are both Rhode Island residents and that your son took off to Florida since there may be a Flordia somewhere.

You are still legally responsible for any torts that your son commits before he reaches the age of majority. A tort is a civil wrong done to someone else that injures them in some way. Typically you would want to be most concerned with damages caused by your son while he is a minor (which may depend upon the jurisdiction he is from or the jurisdiction he is in) and that he does in an unreasonable or negligent manner and doesn't act with the same care that a reasonable and prudent person would use under the same or similar circumstances.

Torts include things such as automobile accidents, false imprisonment, defamation, defective consumer products, copyright infringement, etc...

Accidents and injuries that minors cause to others are the typical things that parents are often concerned with because it can expose them to legal liability by virtue of civil lawsuits for damages that could be filed against them. This can expose parents and their assets to become subject to lien or to sale if the parent is found to be liable for their minor child's damages.

Typically a parent is legally responsible for providing for a child's well-being such as food, clothing, a roof over their head, etc... However, your son is now taking actions against your wishes and this typical obligation does not mean that you are required (at least by Rhode Island law) to fund your son's course of action in direct contravention of your wishes.

You should make it clear to your son either in writing or in the presence of a witness that you demand that he return home immediately. It may help to appeal to the fact that he only has 6 months left before he reaches the age of majority and that he may be exposing you to unnecessary risks by leaving before he has reached that age.

Even if you go to Florida, you will have difficulty forcing him to return with you and keeping him in Rhode Island for the remaining six (6) months. If he is not going to respect your authority and return home then you may wish to take action in the Rhode Island Family Court if you own a home or any other substantial assets of value to request an expedited emancipation proceeding for your child so he doesn't needlessly expose you and your assets to risk of loss. This is especially true if you have other children in your home.

My best of luck to you. I am sorry that your son has placed you in a relatively untenable position.

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Answered on 2/04/13, 12:54 pm


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