Legal Question in Family Law in Virginia

Kicking a young man out of the house.

How do I go about removing a son from my house for stealing, smoking pot and many other disciplinarian reasons? The boy is 18. I have told him to leave but he won't.

Asked on 2/06/09, 2:39 pm

1 Answer from Attorneys

Michael J. Seck The Law Office of Michael J. Seck, PLC

Re: Kicking a young man out of the house.

There are a couple of questions that need to be answered before you can take the steps necessary to remove an adult child from your residence. From a domestic relations standpoint a critical issue is whether or not the child is still enrolled in high school. The last thing you want to do is remove the child from the home and then run into a reporting issue with his school and potential criminal exposure for abuse or neglect. The second is to determine what possessory rights your son has to remain on your property. Has he left the property for long periods of time and lived elsewhere or has he lived continuously and uninterrupted in your home up until this point? Once these questions are answered then you can determine whether you can have him barred from the property by the police or if you have to file an unlawful detainer to have him removed by the courts or what steps you need to take to make sure he has adequate housing so that you don't run afoul of any reporting requirements from his school.

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Answered on 2/07/09, 10:52 am

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