Legal Question in Family Law in New York

Is it illegal to kick out an 18 year old child in NY State?

I have kicked out my step-son and now his biological mother is threatening to call the police, saying it is illegal to kick him out under the age of 21. He has been in trouble for years and has lived with his father and I for the past 12 years (of which we did not ask for or receive any support of any kind from his biological mother). She has now taken him in and trying to get us in trouble legally. Can she do anything?


Asked on 5/01/07, 10:47 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Is it illegal to kick out an 18 year old child in NY State?

It is not illegal to ask an 18 year old to leave your home. It may be a matter of what is in the Divorce decree. However he is considered an adult and if he is not in school, He is not by law entitled to support, unless he goes onto assistance.

One more thing, if he gets into trouble, you will be responsible for his legal representation.

You might want to talk to a criminal and family lawyer about this. If so, give me a call. I am in Woodbury. I see a lot of this and may be able to help you both.Follow the links below.

Good luck

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Answered on 5/01/07, 4:35 pm


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