When my son and daughter turn 18 (which will be soon), by law, do I need to give them a 30 day eviction notice?

I live in Tampa, FL.

I want to make sure there are no issues when the time comes.
It's just weird that they can quit school at 16... smoke pot, hang out at the house with the friends eating all your food while your at work but yet you can't kick them out until they are 18.

One of them was on probation and had broken every rule they were given including testing positive for pot but since they will be 18 in two months the state has decided to just let them off probation since they will be 18 soon...

Well you can force them to go to school, call the authorities, turn them over to Juv, you can have them arrested for smoking pot, and you can get someone to keep their friends out of your home. It is only you have decided to accept this behavior.

Well can you throw them out, yes but not legally, legally you give them a 30 day notice and then evict them

Thanks for the info but I'm a little confused. Maybe you don't know the law or it's different in your area.
I can't force her to go to school. Where I live (Tampa, FL) when a child turns 16 they can quit school without your permission. She was already in the Juv system for hitting her sister with a plastic hanger one day last year when I was at jury duty. She has been on probation for the last year and her probation required her to go to school, get a job, follow the rules at home and follow curfew, complete her community service hours. I even asked to have drug testing added and the judge agreed and added that as well. She never got a job, she didn't go to school but then joined the GED program and then got kicked out for missing too many days, she didn't follow the rules or curfew and she did most of the community service hours biut not all of them. The pot residue found in a baggie in her room... I told her probation officer. Plus she had tested positive for pot and cocaine at the Phoenix House and they actually kicked her out of the program and recommended residential. In return, the juvenille system decided to release her as completing her probation unsuccessfuly.
They said she will be 18 years old in Nov and there's nothing they can do.
As far as calling the police/authorities about the pot... they said "Did you see her with the pot?" " Just because you say you found iot in her room doesnt mean it's hers, you could have put it there."

Regarding your quote: "It is only you have decided to accept this behavior."
I don't feel that was a fair statement. It's different when it's a spouse. When it's your under age child you don't have a choice. It's not that I accept this behavior it's that I have continued to do what a good parent should do and the state doesn't back the parents up because lack of funding or because they are still a juvenille...

I'm confused about something. When someone is put on probation, its because they have been convicted of(or plead guilty to) a crime. They are then given probation in lieu of serving out a jail sentence for that crime. If they violate probation, then they should be required to fulfill the full sentence for their crime.

So if her PO is telling you they can't do anything, I think she's lying to you because the PO doesn't want to put her incarcerate her. I think you need to talk to the prosecutor or judge who handled the case and report that she has violated probabtion.

Once she turns 18 you can force her out of the house. I would tell her, in advance that as soon as she turns 18 she has to leave. If she refuses to leave, then you will need to go through formal eviction

P.S. we can only judge from what you post. If you don't tell us the whole story, our answers may be different.

Thanks... Yes... she pleaded guilty and was first offered the Walker Plan (a first time offense program) but she didn't complete it successfully so they put her on probation.
Here's what I just sent to her JPO:
I just did a copy and paste.. Hopefully I removed all the areas where my daughters name was and other names as well.

JPO,

I have listed some of the things that have transpired over the last year including our phone conversation on 10-9-08, could you please read and confirm if I have everything correct. I know you can't confirm what happened with the charges but I'm asking you to confirm the events that happened with the judicial system.

1. She was brought up on a DV charge against her sibling and was given the chance to do the Walker Plan.
(This charge occurred because she allegedly hit her sister with a plastic hanger which created a bruise. I was at jury duty this day and when I came home that evening, Lacey was at the JAC.)

2. She received another charge against her Step-Father for fighting with him and pushing him, tearing his shirt and breaking his tooth. Case was dropped by the state. (This occurred because she was angry because I removed her radio from her room and placed in my bedroom because she took off after I told her she was not allowed to go anywhere.. she didn't come home until after midnight but when she did and found her stereo gone out of her room she took a knife and broke into my room while we were sleeping with Nathan in the crib screaming at the top of her lungs tell me that I better give her the f-ing stereo... )

3. She received a charge for pushing me into the closet. Case was dropped by the state.
(This occurred because she refused to give me her cell phone when I asked for it. When I went into her room to get the cell phone she pushed me into the closet when I tried to take it from her. This formed a huge bruise on the back of my left arm)

4. She received another charge or two.. I'm not sure but I know one of them was due to me holding her and telling her that no matter what she does I'm still going to love her and be here for her. We ended up on the floor and I was leaning over her not letting her get up and leave. She hit, pinched and spit at me... while I told her that I loved her but I was not going to put up with this type of behavior. I had multiple bruises all over my arms. Police said "If we arrest anyone it would be you because by you holding her down is considered unwanted touching". They said I could spank her... I said: "Hmmmm... Interesting... Isn't that also considered unwanted touching?"
Again this case was also dropped by the state.

5. She failed to complete the Walker Plan successfully and received probation.

6. She was assigned a probation officer and given the rules of her probation which included:

a. attend school
b. seek and gain employment (must apply for a certain amount of jobs per week and show proof to JPO)
c. follow rules at home
d. follow curfew
e. attend phoenix house and comply with drug testing
f. attend sessions at the house with Nancy (re-directional specialist)

All of the above rules were broken (multiple times) with no violation.
The only thing that was completed successfully was attending sessions at the house with Nancy ( redirectional specialist)



10-9-08
You sent me the email below and I called your office.
You told me that you received a letter from the Phoenix house stating that she was being released unsuccessfully and they were recommending residential.
I asked what was going to happen on the staffing scheduled for Oct 16th, 2008.
You said the staffing was moved up and held earlier.
You said that you took the info to your supervisor and the decision to send her to a residential program was denied because she will be 18 in two months and even if you recommended a residential program they would not accept her because she's too close to being 18.
You also said that because she didn't have a drug charge and she completed the meetings with Nancy successfully there's nothing else you can do.
Thanks,

Looks good to me, keep us posted.