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You are watching: Can i kick my kid out at 18


The complying with questions were submitted to man Roska, one attorney/writer who weekly newspaper column, "The law Q&A," ran in the Champaign News Gazette. 

Question

What can a parent carry out with a kid who is end 18, has finished school but is no working, and is a consistent problem in and also out the the home? i’ve heard it’s feasible to evict them. Is that true? can I it is in liable for what the kid does, if they’re over 18?

Answer

Generally speaking, parents only have duties come minor children. Once kids turn 18, those duties end. You deserve to evict one adult boy from her home, and also then turn your ago on them.

Under the Illinois Parental duty Law, you have the right to be liable because that the personal or residential or commercial property damages brought about by the “willful or malicious acts” the a boy “not however 19 year of age,” if they actually live through you. The not straightforward to make parents responsible under that law, however it extend your possible exposure an additional year, to age 19.

Otherwise, boy protection regulations only defend minors “under 18 years of age.” when they’re 18, they’re not a boy anymore. Then, state law says they’re “of legal age for all purposes.”

A child may stop being a minor at 18, yet they don’t avoid being her child. And you don’t protect against being their parent. Your legal responsibilities, however, execute stop. Rather may think about it cold-hearted, yet it’s perfect legal to abandon adult children.

One parental duty that doesn’t automatically end in ~ 18 is court-ordered son support. The regulation that calls for child support defines “child” together “any son under period 19 who is quiet attending high school.” So, a children 18th date of birth doesn’t terminate your duty to pay kid support unless they’re the end of high school.*

It’s feasible for son support order to expand further, specifically for disabled adult children.

An adult boy who won’t leaving home have the right to be evicted. If yes no lease, and also no agreement to salary rent, you deserve to just give them a “Notice to Quit” the says: “I hereby demand immediate possession the the premises at (your address).”

If castle still don’t leave, you should then take action 2 of any kind of eviction case—a court case. After friend file, the child/tenant will certainly be served with a copy of the eviction complaint, and a summons.

They can pertained to court and ask for a trial. In ~ a trial, to avoid eviction, they’d need to prove some ideal to live in her house, or some defect in exactly how you complied with the procedures.

With one eviction order, you deserve to have the sheriff eliminate them and their stuff. If they shot to return ~ that, you could ask the police come arrest them as trespassers.

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*Note: Parents may likewise be ordered to pay for a kid to walk to college. See child support: requesting educational expenses from parents.