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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My adopted son is 18 and has moved out of our home because

Customer Question

My adopted son is 18 and has moved out of our home because he is unwilling to follow our home rules including rules about drug use. I am afraid to let him back in the house until he gets help because of his aggressive and defiant behavior. (He has threatened us in the past.) He refuses to get help yet I am being told that I am responsible for him until he is 21 regardless if he lives at home, if he’s in or out of school, has a job, etc and as a result, am paying for him to stay in a hotel which I can not afford. What are the laws pertaining to this type of situation? What are our rights as parents?
Submitted: 7 years ago.
Category: Family Law
Expert:  Ely replied 7 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



You are not responsible for him after 18. Only someone who is paying child support is responsible for the support until the child turns 21. This doesn't even apply here. At 18, he is an adult, and your duty of parentage to him is over.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Customer: replied 7 years ago.
The Department of Social Services called me directly and informed me that I am responsible for him until he is 21. I also heard the same from another parents going through a similar situation.
Expert:  Ely replied 7 years ago.
Family Court (Chapter 686), Article 6.If the child is over 18 and WISHES to be self-sufficient, then they are. If the child ceases employment and returns to college full time prior to age 21, then the child may again be "unemancipated." So it's subjective. But I have never heard of a parent being forced to take a threatening druggie back.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Customer: replied 7 years ago.
I'm not sure this really answers my question. The is the problem, he does not really want to be self-sufficient and is not looking to be emancipated because he figures that means I am responsible and will be required to continue supporting him. He just wants do do what he wants, when he wants. Unfortunately, making to decision to "cut him off" will not be easy regardless if I have that right but, if I do, I dont want to get in trouble for it. Why would Social Services say I'm responsible for him until he is 21? Is it different for NY? They said as long as we will allow him to come home, they wont give him support but they really didnt explain if denying him because of behavior was ok.
Expert:  Ely replied 7 years ago.
B/c social services is more interested in the child, then your rights. But they are not the law, just a group with a mandate. It's really up to you to choose, but if you don't want the hassle, it's your call.