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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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How can I go about removing my adult child (20) from my ...

Resolved Question:

How can I go about removing my adult child (20) from my home due to lack of respect and following guidelines?
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Has your adult son in any way become violent towards you or how would you characterize his lack of respect?

Customer: replied 8 years ago.
Verbally abusive, very volatile but no physical violence yet. Some information I would prefer not to post on line. Does not attend school (quit) and also quit his job.
Expert:  Attorney & Mediator replied 8 years ago.
Thank you for your responseCustomer

Two ways you can legally force him out.

1) Where ever there is any degree of family violence in the household, you are eligible in filing for a restraining order to have him immediately removed from your home. If his verbal abuse is such that a reasonable person would be in fear of physical violence, then you can proceed with obtaining a restraining order. The court will issue an immediate order, serve him and he will have to leave, from there a hearing is set to determine whether a long term order should be issue.

You can review the process and access the forms here.

2) Although he is your son, the fact that he has remained in your family house hold with your consent has given him rights as a tenant to remain in possession of the premises (not the property). Even if he is not paying rent, you will need to remove him the same way a landlord removes the tenant. I would contact the police to assist in his removal, but most times the police will not help without a court order granting your eviction request.

To evict someone will require that you post written notice and from there if he fails to leave by the specified date you will need to file suit for an eviction.

You can find how to evict books at your local book store or library and do not need an attorney to assist with this process. As you can tell the eviction will take a longer time than the restraining order, but these are two legal ways to remove someone from your property.

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