Legal Question in Family Law in Washington

Does my divorced mother legally have control over me being 17 and turning 18 in 7 months after kicking me out?


Asked on 4/10/13, 8:38 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

If your mother has already kicked you out of her house, it's hard to see how she could maintain any kind of control over you, much less legal control of you. Unless you're staying with your other parent, or designated legal guardian, it appears that what your mother has done qualifies as abandonment or neglect.

On the other hand, if you're asking about whether a mother has legal control over 17-year-old in general who is seven months away from turning 18, technically the answer is yes. So long as you are a minor, you don't have the legal capacity to do certain things on your own. For example, you cannot enter into a written contract, such as for the purchase of a car, nor can to sign a rental agreement for an apartment. You need an adult to do so on your behalf, unless you are legally emancipated. This is because a minor cannot be sued for breach of a contract. If you cannot be held accountable for a contract, you cannot enter into one in the first place. There are many other things that as a minor you are legally precluded from doing that have a daily impact on your life, and I am not talking about voting, joining the military, or buying alcohol.

From a practical point of view I would say things are a little different. It is very hard for parents to control what a 17-year-old child does, especially if that child has a drivers license and a car. You pretty much have the ability to go anywhere, anytime, and there is very little a parent can do to stop you. The police will only come out so many times for runaway 17-year-old.

If you have been kicked out of your mother's home and have no place to stay, since it appears you have access to a computer, Google and get in touch with CPS so they can set you up with some place to live and finish school. You may also qualify for other state aid if you really are on your own, even after you turn 18. If you have another parent is in the picture, and you're in a position to contact them and have a relationship with them, I suggest you do that instead of contacting CPS.

Best of luck to you,

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Answered on 4/11/13, 7:08 am


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