Legal Question in Family Law in New York
Age of Majority
I have a friend whose parents are claiming that they have control over him until he's 21. I know that the age of majority in New York is 18 and that 21 a person can claim financial independence. I'm writing to you to ask if they can exert any kind of control over him after the age of 18. For example, can they say to him, ''You may not leave the house.'' and legally or physically enforce that rule?
2 Answers from Attorneys
Re: Age of Majority
Absent a separate court order, such a rule requiring an adult to live at home is uneforceable, however there is also no legal requirement for the parents to fund the lifestyle of an adult living outside their house once he reaches 18 years of age.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
Re: Age of Majority
Yes, your friend's parent's can legally attempt to influence and control their child's conduct after age 18. Unless your friend is otherwise determined by a Court Order, to be emancipated, since the age of "Majority" in NY is 21, NOT age 18.
Please note, A parent, in NY, is responsible for and is obligated to support their "children" until age 21 not age 18. Likewise, a "child" has a "legal" obligation to obey their parents, at least until such time as the parents are no longer responsible for and obligated to support the "child," (which, as indicated, in NY does not end until age 21.
However, if your friend, at 18, is entirely self supporting and he chooses to leave his parent's home, supervision and control, the Court is unlikely to enforce your friend's obeyance or demand that he return to his parent's home.
Good luck,