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You are watching: Is it legal to kick your child out at 18

The adhering to questions were submitted to john Roska, one attorney/writer whose weekly newspaper column, "The law Q&A," ran in the Champaign News Gazette. 


What have the right to a parent execute with a child who is end 18, has actually finished school yet is no working, and is a continuous problem in and out of the home? i have heard it’s possible to evict them. Is the true? have the right to I it is in liable for what the kid does, if they’re over 18?


Generally speaking, parents only have duties come minor children. Once children turn 18, those duties end. You have the right to evict one adult kid from her home, and then rotate your back on them.

Under the Illinois Parental obligation Law, you can be liable for the personal or residential or commercial property damages caused by the “willful or malicious acts” that a son “not yet 19 years of age,” if they actually live with you. That not basic to do parents liable under the law, yet it extends your feasible exposure another year, to period 19.

Otherwise, boy protection regulations only protect minors “under 18 years of age.” when they’re 18, they’re no a boy anymore. Then, state law says they’re “of legal period for every purposes.”

A child may stop gift a minor in ~ 18, but they don’t protect against being your child. And also you don’t protect against being your parent. Your legal responsibilities, however, execute stop. Rather may take into consideration it cold-hearted, yet it’s perfectly legal to abandon adult children.

One parental duty that doesn’t automatically end at 18 is court-ordered son support. The legislation that needs child support defines “child” together “any son under period 19 that is quiet attending high school.” So, a children 18th birthday doesn’t terminate her duty come pay son support unless they’re the end of high school.*

It’s possible for son support orders to expand further, particularly for disabled adult children.

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

If they still don’t leave, you have to then take step 2 of any type of eviction case—a court case. After you file, the child/tenant will certainly be offered with a copy of the eviction complaint, and a summons.

They can pertained to court and also ask for a trial. In ~ a trial, to avoid eviction, they’d have to prove some best to live in your house, or part defect in exactly how you followed the procedures.

With an eviction order, you can have the sheriff remove them and also their stuff. If they try to return after that, you can ask the police come arrest them as trespassers.

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*Note: Parents may also be ordered come pay for a boy to go to college. See child support: requesting educational prices from parents.