Legal Question in Family Law in New York

emancipation / eviction

my step son is 18 and does what he wants,his mother is bipolar 2 and i have a 3 yr old.the 18 year old pushes his mothers buttons untill she finally snapped and thryed to kill her self because of her bipolar,he is a major cause of her stress i want him out of the house but he refuses to leave,his real dad doesnt want him .and he wouldn't go anyway the police said till he is 21 i cant get him out of the house,do we have anything we can do.p.i.n.s didn't work.and i dont want c.p.a to get involved


Asked on 4/15/07, 11:35 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: emancipation / eviction

Appreciate the agony of living with a near adult child. Emphasis on the word child.

And, there are no solutions to your problems, except time and rather questionable and drastic measures.

Eventually, your step son may morph into the most beautiful, competent decent person you know. But, in the meantime, although you cannot "put the "wayward one" out of "his home," if you, your wife and child really cannot take it anymore, you can quietly, w/o advance notice, MOVE and not take him with you. If necessary, you can sell your house, give up your lease, and relocate, to a place unknown to him. HIS parents can then arrange for his support to age 21, via a monthly "support" check, or monthly rental of his "room" costs, to a third party, as may be appropriate or necessary.

Good luck,

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Answered on 4/16/07, 12:40 pm


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