Legal Question in Family Law in Virginia

My son, 17, has been locked up 3 times over the last 2 years for truancy, refuses to go to school, has broken 3 doors in through my house, breaks in the house when he loses his key, comes and goes as he pleases often until 4 or 6am. He breaks in my room while i am asleep and steals from me, and also picks any locks including a deadbolt on my closet door. He will steal money, cigarettes, anything he wants. When i try to go to work he has friends over who eat what food i do have, trash my house, drink and smoke marijuana. I am currently unemployed (due to absences caused by his court appearances) and also have a 10, 15, and 17 year old whom i am trying to raise by myself. I am often in the position where my 10 year old has nothing to eat, i am in danger of not paying the rent or light bill, etc. because of this situation. I have caught my 10 year old trying to smoke marijuana which was left in their bedroom. I am told that the only thing i can do is file charges against him in court, which will likely lead to him going through substance abuse program. I cannot afford to be homeless or for my younger children to be hungry for months until it goes to court. I also cannot afford to take off (when i go back ot work) to drive him back and forth, or pay for the substance abuse program itself. So really, this child is destroying me and my family, and the only thing i can do is file charges and wait months for a court date?? Is there something i can do to get him out of my house sooner than that?


Asked on 6/27/10, 11:24 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Assuming that this young man at age 17 and with his his record of domestic mayhem is not a candidate for a CHINS (Child in Need of Services) petition in the J&DR;Court, it would appear that you will now need to forbear with the situation(in my opinion) until he turns 18 and is offically recognized as an adult, when you should then be able to evict him from your home, unless, perhaps, he is adjudicated as so mentally disabled or handicapped such that your are required as his parent(s) to support him for the rest of his natural life.

Read more
Answered on 6/28/10, 6:53 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia