Legal Question in Family Law in New York

Friend kicked out of house

A close family friend of the age of 18 was kicked out of his house recently by his mother, and has been living with us for the past few days. The mother had changed the locks to the house and is refusing to take him back in. Is it legal for her to take these actions against him even though she is his legal guardian and biological mother? What is your advice to this situation?


Asked on 3/04/07, 10:56 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Friend kicked out of house

A parent may be required to pay another adult person, for the care and support for their child, per the parent's income. But, a parent cannot be "Court Ordered to live with them.

Therefore, If your friend wants a chance to return to his parent's home, he will probably need to "suck it up," sincerly apologize for whatever offending behaviour, his parent accuses him and beg for her forgiveness. Also, he will probably need to demonstrate what HE plans to do, to adjust his conduct and attitude to better meet his parent's expectations. IF, she permits his return, to HER home, she Can make it conditional.

Alternatively, your friend should apologize and ASK his mother for financial assistance, per a schedule and PLAN, until and in order to find employment, that permits him to support himself or until he is 21yo.

Good luck,

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Answered on 3/05/07, 12:11 am


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