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JPEsq.
JPEsq., Lawyer
Category: Family Law
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Experience:  Published articles on family law, featured in several publications for successful trial work.
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Is it legal to kick your child out at 17 in NYS The child

Customer Question

Is it legal to kick your child out at 17 in NYS? The child refuses to go to school and will be 17 the end of the month. The school says at that time they will consider her a drop out and drop her registration. She refuses counseling, breaks curfew, steals, refused all services offered as they are all voluntary, refuses to take her medication for ADHD/ODD and makes life a living hell. We have gone through ACS, the police and the hospitals but all programs are voluntary and she refuses. Help!
Submitted: 4 years ago.
Category: Family Law
Expert:  JPEsq. replied 4 years ago.

No, sorry. You cannot legally kick your children out, though people do it all the time. The usual recourse for a defiant teen is to have placed in a residential facility through a juvenile deliquency petition. This is done by calling teh police and having her charged with runaway or incorrigibility (failure to follow the lawful commands of her parents.

 

It sounds like you have already tried this, and I am not sure why they are not placing her in a residential facility or girls school. But all you can do is call the police again.

 

I know this doesnt help, but this is the law. Your child is your responsibility unless he is made a ward of the State.

JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5104
Experience: Published articles on family law, featured in several publications for successful trial work.
JPEsq. and 11 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Can I call the police at any time to have her charged with incorri for not attending school or does there have to be another 'crime' in place for them to arrest her and take her in custody within NYC
Expert:  JPEsq. replied 4 years ago.

They can take her anytime, as long as there is probable cause.

 

read about it here: http://www.criminaldefenselawyer.com/crime-penalties/juvenile/incorrigibility.htm

 

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