parent rights and child laws in California

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Latest post Fri, Dec 2 2016 12:40 PM by Drew. 7 replies.
  • Fri, Dec 2 2016 8:34 AM

    • tshiv
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    parent rights and child laws in California

    Hello,

    I have a daughter still in high school that just turned 18 and decided to move out of the house voluntarily.  We have had multiple issues with her and police interactions where she had run away and she has been violent multiple times (1 time where we had to call 911 on her) prior to her 18th birthday.  We did not kick her out but she decided on her own to pack up all of her belongings and move out.  We have notified the school that she has moved out and we do not know her physical address she is living at right now.  Can anyone tell me if I am responsible for anything for her now that she is 18 and voluntarily moved out of the house but still in high school.  The police and even the school has said no but the other day when she tried to update her contact information at the school (after her 18th birthday) a counselor told her that she could not do this unless she had been emancipated (which to my understanding only pertains to a child under the age of majority).

    Thank You

  • Fri, Dec 2 2016 8:36 AM In reply to

    Re: parent rights and child laws in California

    tshiv:
    Can anyone tell me if I am responsible for anything for her now that she is 18 and voluntarily moved out of the house but still in high school.

    Your daughter is an adult.  That she is still in high school doesn't change that.  Since she's no longer living with you, there's no reason to believe you would have any "responsib[ility] for anything for her."

  • Fri, Dec 2 2016 9:37 AM In reply to

    Re: parent rights and child laws in California

    She is a legal, emancipated adult since she is 18. If she wants to srop out of school nothing you can do but hopefully she comes around and determines this was a bad idea. Good luck .

  • Fri, Dec 2 2016 10:43 AM In reply to

    • Drew
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    Re: parent rights and child laws in California

    I'm not so sure it's wise to allow an 18 year old who,has left the nest for whatever reason to come back into the nest.....in CA a tenant has one super pack of rights....and if adult child smells like a tenant it now becomes a Herculean task to remove them and might even cost you a bigmwad of move out money......l 



  • Fri, Dec 2 2016 11:49 AM In reply to

    • Drew
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    Re: parent rights and child laws in California

    AS jargon goes I don't think emancipation is a point once daughter reached age of 18  and her majority 



  • Fri, Dec 2 2016 12:02 PM In reply to

    Re: parent rights and child laws in California

    Drew:
    I'm not so sure it's wise to allow an 18 year old who,has left the nest for whatever reason to come back into the nest.

    I'm at a loss to understand why you'd bring this up since the original post makes no mention of the possibility of the child coming back to live with the OP.  However, the notion that a parent would give consideration to landlord-tenant issues over the parent-child relationship is rather absurd.

     

    Drew:
    in CA a tenant has one super pack of rights....and if adult child smells like a tenant it now becomes a Herculean task to remove them and might even cost you a bigmwad of move out money.

    Not sure where you're getting this.  In a situation like this, California law isn't much different than most states, and there's nothing even remotely "Herculean" about serving a 30-day notice and filing a UD complaint.  I'm also not sure why you think it might cost "a bigmwad of move out money" (whatever exactly that might mean).

  • Fri, Dec 2 2016 12:10 PM In reply to

    Re: parent rights and child laws in California

    OliviasMom:
    She is a legal, emancipated adult since she is 18.

    Not quite.  Since she is 18, she is an adult.  FC 6501.  She is not an "emancipated adult" and, in fact, there is no such thing as an "emancipated adult."  There are minors (FC 6500), adults (FC 6501), and emancipated minors who are legally treated as adults for most purposes (FC 7000, et seq.).

  • Fri, Dec 2 2016 12:40 PM In reply to

    • Drew
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    Re: parent rights and child laws in California

    Ca19 is of course correct ....but on a practical level if you change the locks and do not allow her back in then you dramatically reduce any prospect of drama or costs to remove a person who wants to camp out at home but not follow home rules ........   

    The OP mentions prior runaways ....and it's not clear that this is a final moveout.....perhaps it is....

     



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