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Can my ex-wife put my 18-year-old son out of the house?

Can my ex-wife put my 18-year-old son out of the house?

Full question:

My ex-wife has custody of my son, who is 18 years and still in school. Can she put him out of the house?

Category: Divorce
Subcategory: Child Custody
Date: 04/07/2025
State: Florida

Answer:

In Florida, a parent must support their child until age nineteen if the child is still enrolled in high school. According to Fla. Stat. § 743.07, individuals who are eighteen years old are considered adults, but courts can require support for dependent persons beyond this age if they are still in high school and have a reasonable expectation of graduating before turning nineteen. Therefore, your ex-wife cannot legally put your son out of the house while he is still in school and dependent on her for support.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can your parents kick you out at 18 if you're still in school?

In Florida, a parent cannot legally kick out their child who is 18 years old and still enrolled in high school. According to Fla. Stat. § 743.07, parents are required to support their child until age nineteen if they are still in school and expected to graduate. This means that as long as the child is dependent and pursuing their education, they have a right to remain in the home.

Can a school call your parents if you are 18?

Yes, a school can call your parents if you are 18, especially if you are still a dependent student. Schools often communicate with parents regarding attendance, grades, and other important matters. However, as an adult, you also have the right to manage your own educational affairs and can request that communication be directed to you instead.

How long can one parent keep a child from the other parent?

In Florida, one parent cannot unilaterally keep a child from the other parent without a court order. Custody arrangements are typically established through a court, and any changes should be made legally. If there are concerns about the child's safety, it is essential to seek legal advice and possibly file for a modification of custody.

What happens when a parent loses custody?

When a parent loses custody, the court typically grants custody to the other parent or a suitable guardian. The parent who loses custody may still have visitation rights, depending on the court's decision. It's important for the parent to understand the reasons for the custody change and to seek legal counsel if they wish to appeal or modify the custody arrangement.

What rights do parents have over 18 year olds still in school?

In Florida, while an 18-year-old is considered an adult, parents still have certain rights if the child is enrolled in high school. They are required to provide support until the child turns nineteen or graduates, whichever comes first. Parents can also make decisions regarding their child's education and welfare while they are still dependent.

Do parents have control over an 18 year old?

Once a child turns 18, they are legally considered an adult in Florida and have the right to make their own decisions. However, if the 18-year-old is still in high school and dependent on their parents for support, the parents may still have some influence over decisions related to education and living arrangements until the child graduates.