Legal Question in Family Law in New York

Re: Kick Disruptive 19-Year-Old Out Of Home?

It is well settled that a parent of a minor child is responsible for that child's support until age 21. However, emancipation will suspend the parent's support obligation. A child may be deemed constructively emancipated if, without cause, the child withdraws from parental control and supervision. Where a minor of employable age and in full possession of his or her faculties voluntarily and without cause abandons the parental home against the will of the parents, and for the purpose of evading parental control, he or she forfeits the right to demand support.

In the case of Commissioner of Social Services on Behalf of Jones v. Jones-Gamble

227 A.D.2d 618, 643 N.Y.S.2d 182 (2nd Dep�t. 1996), the Family Court found that the child was constructively emancipated as a result of her failure to respect her mother's authority, her repeated truancy, and as a result of her overall incorrigibility. The child admittedly disliked being unable to stay out at all hours with her friends and resented her mother's rules and rebelled against them. After being placed in various residential facilities, the child promptly ran away and stayed with a friend for two years. After she became pregnant, one of five pregnancies between the ages of 16 and 18, the child moved in with her grandmother. Nevertheless, she remains unwilling to abide by her grandmother's rules and regulations, she remains unemployed, and is unable to care for her own daughter.

In your parents particular situation I would suggest an application with the Family Court for a �PINS� proceeding for Judgment stating that your brother is constructively emancipated. Once emancipated, you can commence a summary proceeding (landlord/tenant) to remove him from the house.

Mike.