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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2983
Experience:  associate attorney
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I am trying to find out what laws are in Arizona in relation

Customer Question

I am trying to find out what laws are in Arizona in relation to kicking a child out of the home once she hits 18. She is very abusive to myself and her siblings. And mainly for the protection of the siblings, I need her out soon as possible. I have heard though that I could get in trouble with adult protective services if I just through her out at 18 and she does not have the income to support herself. Is this true?
JA: Have you talked to a lawyer yet?
Customer: No. I've just started looking for what info I can gather on the internet.
JA: Anything else you think the lawyer should know?
Customer: This child was admitted as a psychiatric inpatient at the age of 9 for 10 months. Since then she has refused to take medication. I have tried and tried with therapists, psychiatrists, and other medical specialties that I thought might help. We have gotten no where. Her temper is constantly growing worse. I myself feel like I'm on the verge of a breakdown dealing with this child. And my other 2 daughters are often found hiding and crying because she gets them so upset. I'm just sick of living this way.
Submitted: 1 year ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 1 year ago.

My name is ***** ***** I will be helping you today. Thank you for your question and thank you for using Give me a bit and I will draft you an answer.

Expert:  Christopher B, Esq. replied 1 year ago.

Because she is now an "adult" she would be considered a "tenant" in the home so if she does not voluntarily leave, you will have to actually go through the eviction process. She would be considered to be on a month to month oral lease. You would have to give her 30 days notice to leave and then if she refuses you would have to file an unlawful detainer action (eviction) and go before the court. If her behavior is such that she is a threat to those living there, you could get a restraining order which would essentially get her out of the house and it might work itself out as she might just move out and move on without all the legal mumbo jumbo. If it gets really bad you could actually have her involuntarily committed if her mental illness is causing her to be a "harm to herself or others". You could then refuse to bring her back into the home (although technically you would still have to give her notice and evict her if she still wanted to stay) and she would probably just move on. Understand this is the letter of the law and sometimes just telling a child to leave will work even though it might not be what an attorney would recommend.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated.

Expert:  Christopher B, Esq. replied 1 year ago.

Just checking back in, do you have any further questions?