Can Parents Legally Kick Out a Child Over 18 in California?

The question of whether parents can legally evict their adult children, especially in California, has been a topic of debate. While it might seem simple to some, the legalities can be quite complex. In this article, we will explore the nuances of this issue and provide clarity on the legal standing in California.

Understanding the Legal Framework

Once a child reaches the age of 18, they are considered a legal adult. This means that they are responsible for their own actions and are no longer under parental control. However, the reality of the situation can be more complicated.

When Can Parents Legally Evict Their Adult Child?

According to California law, parents cannot simply kick out their adult children without following the proper legal procedures. The eviction process is a long and often expensive endeavor, involving various steps and potential legal battles.

Formal Notice and Legal Proceedings

Parents can initiate the eviction process if they want to evict their adult child. The process typically begins with formal notice, which must adhere to specific legal requirements. If the adult child refuses to leave, the parents may need to file a lawsuit and present their case in court.

Typical Eviction Process in California

The landlord (in this case, the parent) must provide a formal written notice of eviction to the adult child. This notice must specify the reason for eviction and a specific date by which the adult child must vacate the premises.

After the notice period, if the adult child still refuses to leave, the parent must file a lawsuit. The lawsuit can be a writ of possession issued by a judge, which authorizes law enforcement to remove the adult child if they do not comply with the eviction notice.

The case will then proceed to court where the judge will decide whether the eviction is lawful. The court may order the adult child to leave the premises, and if they do not comply, the parent can apply for a warrant for eviction.

Special Considerations for Disabled Children

In cases where the child is under a legal disability, the situation can be more nuanced. Legal disabilities, such as mental or physical impairments, might affect the child's ability to live independently and manage their affairs. In such cases, the parents might need to seek legal advice to understand the specific rights and responsibilities involved.

Impact on Family Relationships

While legally evicting an adult child can sometimes be necessary, it can also have a significant impact on family relationships. For many parents, the idea of pushing their children out of the “nest” is not ideal. This is especially true if the parents want to maintain a close relationship with their children throughout their lives.

Some parents choose not to evict their adult children, even if they are legally able to do so. Many believe that providing a safe and supportive environment can help their children navigate the challenges of adulthood. This approach can foster trust, communication, and lasting familial bonds.

Conclusion

While California law allows parents to legally evict their adult children, the process is complex and often lengthy. Parents should carefully consider the implications of eviction on their relationship with their children before pursuing this course of action. It is often recommended to seek legal advice and explore alternative solutions before making significant changes to the living arrangements.