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Need help with troublesome 17 y.o. daughter

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D

dad in GA

Guest
What is the name of your state?What is the name of your state? Georgia

My wife and I have a 17 year old daughter (who will be 18 in 03/05). She moved out of the house on her 17th birthday against our will, but my wife and I are under the impression that in GA, that's perfectly legal.

Now our daughter wants to move back in with us in mid-August, but she's made it very clear that she has no intentions of following the rules. This presents two problems. 1) It sets a terrible example for her 13 y.o sister and 2) My wife has both physical and mental conditions that get worse with the increased stress of having any unruly child in our home.

Our daughter currently has her own car (titled in her name) and a job.

What can we do? We'd prefer that she continue to live somewhere else if she refuses to change and follow our rules.
 


I

I AM ALWAYS LIABLE

Senior Member
My response:

Don't let her in the house. Simple.

Change the locks.

Or, would you rather read about my "Brazil Method" of dealing with unruly children?

IAAL
 
H

Happy Trails

Senior Member
I agree with "IAAL".

Or.... you have to put in place that she moves in on certain conditions (and you know what they are) if she doesn't like it she can lump it.

**However, IAAL, would like to hear about your "Brazil Method".
 
D

dad in GA

Guest
I AM ALWAYS LIABLE said:
My response:

Don't let her in the house. Simple.

Change the locks.

Or, would you rather read about my "Brazil Method" of dealing with unruly children?

IAAL
Click to expand...
She doesn't have a key any more, but can we legally tell her that she can't come back even though she's not 18? That's where I'm confused. Does the state of GA consider her an adult at 17 or 18? I know when my son got into some legal trouble at 17, he went to regular adult court, not juvenile court.

I did read enough posts to find out what the 'Brazil Method' was. If I were going to Brazil, I'd just go by myself and leave my kids in the USA. ;)
 
J

JETX

Senior Member
dad in GA said:
She doesn't have a key any more, but can we legally tell her that she can't come back even though she's not 18? That's where I'm confused. Does the state of GA consider her an adult at 17 or 18?
Click to expand...
According to the following GA code, she is still legally a child and as such, might have a 'claim' as to right to move back.... however, she didn't worry about that when she moved out, did she??? Personally, I would NOT let her back unless she agreed to some VERY clear (and in WRITING) rules!!

Georgia Code:
§39-1-1.
(a) The age of legal majority in this state is 18 years; until that age all persons are minors.
(b) Nothing in this Code section shall be construed automatically to render an individual a resident of this state when that individual is in the state for the purpose of attending school. In the case of such individual, his residence will be considered to be the state in which his parents reside if under the laws of that state the individual would still be considered a minor and he is incapable of proving his emancipation."
source: http://www.legis.state.ga.us/legis/GaCode/Title39.pdf
 
H

Happy Trails

Senior Member
JETX said:
Do a search of the forum.... use "Brazil" as your keyword!
Click to expand...
**Took me a while, like an idiot, I did not run the forum search. Instead I ended up reading a script on "Terry Gilliam's" movie, and other site searching. But a little wiser now I did discover the right search button, and IAAL's ways of the Brazil method and of, hmmm... shall I say, hitting the sheets. (LOL)
 
D

dad in GA

Guest
JETX said:
According to the following GA code, she is still legally a child and as such, might have a 'claim' as to right to move back.... however, she didn't worry about that when she moved out, did she??? Personally, I would NOT let her back unless she agreed to some VERY clear (and in WRITING) rules!!

Georgia Code:
§39-1-1.
(a) The age of legal majority in this state is 18 years; until that age all persons are minors.
(b) Nothing in this Code section shall be construed automatically to render an individual a resident of this state when that individual is in the state for the purpose of attending school. In the case of such individual, his residence will be considered to be the state in which his parents reside if under the laws of that state the individual would still be considered a minor and he is incapable of proving his emancipation."
source: http://www.legis.state.ga.us/legis/GaCode/Title39.pdf
Click to expand...
Let's say that she does manage to push her way back into my home (which she did last night. She physically pushed me down to get in the house). What can I do legally to ensure the rules in my house get followed? And can she bring all the furniture she's collected in the past 5 months into my house or can I force her to keep it in storage?
 
J

JETX

Senior Member
Good God, man.... who 'runs' that house.... the parents or the kids??? Tell her to do what she wants with her furniture as long as it isn't on or in your property. Then, send her to the store and don't let her back in, then change the locks.
 
D

dad in GA

Guest
I thought I'd give everyone an update on what has happened since I first posted this.

About a week ago, she came by the house and wanted to be let in but we kept the doors locked and just talked to her through a closed and locked door. She left after a couple of minutes.

Monday, she came by the house when I was at work and only my wife was home in hopes of getting in because I wasn't there. My wife stood her ground and kept the doors locked so my daughter called the police. Two officers arrived later and spoke with both my daughter and wife and said that a) we couldn't lock her out of the house because she is only 17 and b) just very recently, the laws in GA have changed and gives parents much more control. I also spoke with someone from the juvenile court system yesterday and he confirmed what the officers said to be true.
 
J

JETX

Senior Member
Thank you for the update.... and I was afraid that she would take the step of contacting the police (as noted in my original post: "According to the following GA code, she is still legally a child and as such, might have a 'claim' as to right to move back.").

Did you manage to at least get some basic rules in place???
 
R

rmet4nzkx

Senior Member
dad in GA said:
I thought I'd give everyone an update on what has happened since I first posted this.

About a week ago, she came by the house and wanted to be let in but we kept the doors locked and just talked to her through a closed and locked door. She left after a couple of minutes.

Monday, she came by the house when I was at work and only my wife was home in hopes of getting in because I wasn't there. My wife stood her ground and kept the doors locked so my daughter called the police. Two officers arrived later and spoke with both my daughter and wife and said that a) we couldn't lock her out of the house because she is only 17 and b) just very recently, the laws in GA have changed and gives parents much more control. I also spoke with someone from the juvenile court system yesterday and he confirmed what the officers said to be true.
Click to expand...
So, what did you do, lay down your terms to her for her to follow, in writing? Did you get a copy of that authority?
 
R

rmet4nzkx

Senior Member
For all intents and purposes your daughter has made herself an emancipated minor, but since that has not been formalized she may still be able to force herself back into your house alhtough you as her parents can ask her to follow your rules as long as they are not abuse. You might consult an attorney to have her declared to be an emanciapated minor or if and or when you allow her to return have a contract that covers all the isues and be sure to charge her rent,etc. chores......
Here is a link to a case of another 17 year old girl in Georgia where she was found to be emanciapated.

In Georgia, an unemancipated minor is subject to the power ... There are several ways for a minor to become ... Additionally, emancipation may be shown by one of the http://bostoncoop.net/lcd/emancipation/georgia.html
 
D

dad in GA

Guest
rmet4nzkx said:
So, what did you do, lay down your terms to her for her to follow, in writing? Did you get a copy of that authority?
Click to expand...
I gave her 3 options -
a) continue to live on your own with out help from us
b) change your attitude and lifestyle and live in your parents' house in peace
c) live in your parents house with your current attitude and lifestyle and every single time you screw up, we'll take appropriate measures to correct you.

She chose option A. :( The lease expires on the place she's currently living on Sept. 1, so this may all change in a few weeks. I wish she'd just get over this "me me me" phase and move back in with us.
 
M

MommaC

Guest
dad in GA said:
I wish she'd just get over this "me me me" phase
Click to expand...

Me, me, me, it's all about me, and sometimes it's about you, but only when it benefits me. :rolleyes:
 
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