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Home > Law > Family Law   »   Need Help Quick

 
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Old Oct 12, 2006, 03:34 PM
diana13lyn
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Need Help Quick

I live in Virginia and have a bi-polar daughter who will be 18 on Sunday. She has been abusive to me for years and I need her to leave my house, once she is 18. She is refusing. How can I legally make her leave my house? I am desperate.

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Old Oct 12, 2006, 03:43 PM   #2  
Fr_Chuck
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Ok, with a normal teen who is 18, you basicly put their clothes in a bag and change the locks.

But if her bi-polar is an issue where she could be considered unable to care for herself, that can be another issue.

If I was you in this case , I would go to a local attorney for the best answer to that question.
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Old Oct 12, 2006, 03:57 PM   #3  
diana13lyn
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thank you for your response. I have emailed you personally but not sure how this site works yet.
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Old Oct 14, 2006, 02:31 PM   #4  
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Find out the laws in your state but I know here in MN if on her birthday you give her a 30 day notice she will have to be out on day 30 at midnight. If she still refuses you may then call the police and have her removed. In all 50 states there are domestic abuse laws and this applies. If she hits,scratches,threatens or scares you then you can call the cops and have her removed immediately. You can then file for a temporary restraining order and remove her things, after she finds someplace to live, you can then have the order lifted. Hope it helps.
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Old Oct 14, 2006, 07:26 PM   #5  
s_cianci
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Contact the authorities and have her served with an eviction notice.
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Old Oct 25, 2006, 09:24 PM   #6  
resindizzle
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wow thats a good question you should have started the process a long time ago. although i cant condone putting your child out i can give you advice. first go the your local court and file a complaint aginst a minor or wait until the minor becomes 18 and file it aginst an adult. if they have been abusive to you then youll have to prove it with some time of physical evidence even if it is mental youll need something like doctors or psycological reports. after filing a complaint youll have to pay a court fee of like 35 dollars. the court now recognizes your problem and you can schedule a court hering in 30 days WOW 30 days yeah you should have started 29 days ago i know! some states have different limits though. simply have the child emancipated or declared a ward of the state and request aditional help to remove the teenager from your home it would be wise to have an attorney present and consult with a free attorney if you dont have one first.
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Old Oct 29, 2006, 07:25 AM   #7  
teenam1111
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Quote:
Originally Posted by diana13lyn
I live in Virginia and have a bi-polar daughter who will be 18 on Sunday. She has been abusive to me for years and I need her to leave my house, once she is 18. She is refusing. How can I legally make her leave my house? I am desperate.
In Texas you are a legal adult at 18 . If she refuses your help, to get her help . And is violent towards you . Get a restraining order against her . Pack her things and put them out off of your property . Let her know that you love her , but you also love yourself . She's an adult now . She needs to see that her actions DO affect people . And just because she's your daughter, doesn't mean that YOU have to take her abuse . She will probably call you every name in the book and try to make you feel guilty for your decision . But how will she learn if you keep enabling her with her attitude ?
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Old Oct 30, 2006, 06:06 PM   #8  
Ace High
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Diana,
This is a tough issue. I would have to wonder if she may have to be fully evaluated before you can have her evicted. The evaluation of her condition -- is she capable of living on her own, able to understand the full implications of that consequence??? You mentioned that she has been abusive for years, and yet she only has just recently turned 18 then leads me to wonder why she hasn't receive some sort of help prior to this age!!! I've read were parents have been made responsible for their children beyond the age of 18 yrs based on their mental (and physical) capacities. When you look at and talk with your daughter does she "comprehend" like an adult or do you get the feeling she is still "missing" something and behaving like a young child??? These can only be answered by a professional. The majority of the advice is to consult with an attorney, do so. Ace
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