18 yo refuses to listen

[ltemery]

What is the name of your state (only U.S. law)? NY

I have an 18 yo daughter that refuses to follow house rules. She has a house key to let herself in when she gets home from work at 12:30 am. However, last night she busted the back door window and broke into the house at 5:30 am. Could I have called the police and reported her as a burgler? And if it happens again, can I have her arrested for breaking and entering?

 

[Banned_Princess]

What is the name of your state (only U.S. law)? NY

I have an 18 yo daughter that refuses to follow house rules. She has a house key to let herself in when she gets home from work at 12:30 am. However, last night she busted the back door window and broke into the house at 5:30 am. Could I have called the police and reported her as a burgler? And if it happens again, can I have her arrested for breaking and entering?

take her stuff and take it outside.

tell her to find her own place and her own life, and if she breaks into your home again, you will call the police and have her arrested.

unless she pays you rent, thats a different story.

 

[ltemery]

She dropped out of high school in April and since then we've been charging her $25 a week in rent (which, for the most part, she's paid). We've also been told by many that we're financially responsible for her until she's 21. At what point do we get to say enough is enough and kick her out?

 

[Banned_Princess]

She dropped out of high school in April and since then we've been charging her $25 a week in rent (which, for the most part, she's paid). We've also been told by many that we're financially responsible for her until she's 21. At what point do we get to say enough is enough and kick her out?

your right, 21.

how irritating, I am sorry I was wrong.

Call the police if she is breaking in, nothing wrong with that.

 

[justalayman]

you cannot illegally break into your own residence. She might be able to be charged with damaging the property but her entry itself isn't illegal.

why did she break in if she has a key?

I remember reading something about this and the NY laws. It seems that if you can have her determined to be incorrigible (in the courts) you can remove your liability to support her. Not sure what actions would be necessary to prove that though. We have a NY attorney that posts here somewhat frequently. Hopefully he will catch this thread and comment.

 

[Banned_Princess]

Per NY child support pamphlet, but I think the section applies here...

Some things that show that a child is emancipated are:

�� Child has completed 4 years of college education.
�� Child has gotten married.
CROSS-BOROUGH COLLABORATION / 2002 16
THE BASICS: GETTING CHILD SUPPORT IN NEW YORK STATE
�� Child is living away from the homes of both parents (except for living at school, camp or college, because these are temporary).
�� Child has died.
�� Child has gone into the U.S. military.
�� Child is 18 years old and working full-time (except for summer or vacation jobs).
�� Child willingly and for no good reason has ended the relationship with both parents (except if the child leaves home because of abuse by a parent or a similar reason).


I think it is especially funny that dead children are considered emancipated.


http://www.inmotiononline.org/assets/pdfs/TheBasicsSeries_English/Child_Support_in_NYS.pdf

 

[justalayman]

along with that, there is this from: http://www.courts.state.ny.us/courts/8jd/erie/family/faqs.shtml

1. Under 21: Parents are liable for support, subject to the child's obeying reasonable rules and regulations of the household.

 

[BL]

Section I: Emancipation

How is Emancipation defined?

A. The term emancipation applies to youth over the age of 16 and under 18 who are:

A. The term emancipation applies to youth over the age of 16 and under 18 who are:

(1) living separate and apart from their parents;
(2) not receiving any financial support from them (except by court order or benefits to which they are entitled, i.e. Social Security);
(3) living beyond the parent's custody and control; and,
(4) not in foster care.

Emancipation involves the renunciation of the legal obligations of a parent and the surrender of parental rights over the child. It may occur when a parent is unwilling or unable to meet his/her obligations to one's child

or when a child refuses to comply with the reasonable rules of a parent and leaves home.

I find it ironic you are charging $25 weekly rent when you have an obligation to support your child until he/she is 21 years of age , unless can emancipate the child early .

You can not " legally " throw your child out , but if the child willingly leaves by you telling her to , that is legal.

And yes ,if there's any more damages ,call the police . There may be nothing they can do howver.