Is there any possible/legal way for my parents to bring me back if I move out without permission at 18?

Question

I need to know if
1. Is there any way they can legally force me to come home? (I live in California and will be moving to Florida, if that helps.)
2. If they gave me something clearly stating in front of other witnesses that it was a gift (laptop) and I take it with me, can they charge me for theft?
3. Could my roommate be charged with "kidnapping" me if my parents believed that I was not acting under my own power?
4. If I only bring my own belongings, is there any way they could charge me for theft?
5. If they try to track me down and bring me back, could I charge harrassment or file a restraining order against them?

I need to know if
1. Is there any way they can legally force me to come home? (I live in California and will be moving to Florida, if that helps.)
2. If they gave me something clearly stating in front of other witnesses that it was a gift (laptop) and I take it with me, can they charge me for theft? (The witnesses are 3 relatives who I can count on to take my side.)
3. Could my roommate be charged with "kidnapping" me if my parents believed that I was not acting under my own power?
4. If I only bring my own belongings, is there any way they could charge me for theft?
5. If they try to track me down and bring me back, could I charge harrassment or file a restraining order against them?

ETA: I am already 18 and I have no significant other; this is not a romantic thing. I am moving ou. because my father and I are cannot get along...he is currently on a medication that makes him more volatile and argumentative than he used to be. When he is angry he threatens to throw me out anyway.

ETA: I am already 18 and I have no significant other; this is not a romantic thing.
The witnesses for #3 are three relatives whom I can count on to take my side.
I am moving out because my father and I are cannot get along...he is currently on a medication that makes him more volatile and argumentative than he used to be. When he is angry he threatens to throw me out anyway.

Answer 1

1. At 18 you are a legal adult. About the only legal way they could continue to control your life is to have you declared mentally incompetent and have you committed to a mental institution. Pretty drastic and darned hard to do.

2 & 4. It your property, no theft charges can be filed.

3. Your parents could claim you were kidnapped and being held against your will but the officers who would investigate such a claim would certainly ask you for your story. This kind of charge wouild open them to all kinds of legal repercussions.

5. If they track you down and force your return, then they are the ones who can be charged with kidnappping. Remember, you are a legal adult. If they are calling and generally harrassing you, a restraining order is certainly appropriate and would be granted.

Sounds like you have a fun home life. . .

Good luck, honey

Answer 2

1. If you are declared mentally incompetent then yes your parents have authority over you even at 18. otherwise NO. at 18 you dont need permission as you are an adult.

2. yes they can try pressing theft charges on you. will they stick and you get found guilty? most likely not. It will likely have to go to court and your witness will have to testefy that it was a gift. Basically it boils down to a He said / She said, in court.

3. It doesnt matter what your Parents think. its what the FBI thinks as Kidnapping is a federal offense. one question to you (being 18 and all) about your your choice and they will pretty much ignore your parents as idiots.

4. See 2 above. They can try to claim something is theirs and you stole it. basically they will have to prove ownership and that you did not have permission to take it.

5. If they track you down and "bring you back"(against your will I assume) then you CAN press kidnapping charges. so long as rule 1 doesnt apply and you are mentally competent as an adult.


6. I know you didnt have a 6 but I added a 6.
6. I am neither a police officer nor a lawyer, Check with both to be sure but common sense would tell you I am pretty close to right, though maybe off on details.

Answer 3

At age 18, you are legally an adult. You can live wherever you please and make life-changing decisions, such as moving to Florida.

Once something is given as a gift, the giver cannot get it back or claim theft. All rights to that item were forfeited when they gave it to you.

If your parents tried to claim that you were kidnapped, once you spoke to the police yourself, you would be able to clarify that situation. Nothing would happen to your roommate.

Your belongings belong to you, no one else. If your parents cannot prove that the items were theirs (i.e. clothes would have to fit them), then they cannot charge you for theft.

If they forcibly bring you back, then you can charge them with kidnapping. You could file complaints and possibly get restraining orders on them.

Even with all the legalities on your side, why not sit down with your parents and explain what it is you are wanting to do and why? Even if they do not understand or condone it, it will be better for them to know where you are and that you are safe. And, that you can call them anytime day or night if you need help. Parents need their children as much as children need their parents, no matter how old you get. Don't cut your strings entirely, because you might not be able to tie them back together again later.

Answer 4

They would have to prove without a reasonable doubt that you had commited any sort of crime. If you are 18 you are legally responsible for your own actions. They can charge you for theft but they would have to prove it without a reasonable doubt.
your roomate could not be charged unless there is proof that you were kidnapped. yes if they try to make you do anything against your will you can file charges against them, you are of legal age to do so. I've only just started law school so I cannot be 100% sure about the laws of each state but I do know that in moving out there was no crime commited on your part and so you cannot be charged or forced to do anything, and your parents would have to prove that a crime was commited which would be difficult under these circumstances.

Answer 5

You ask a lot of questions but I think that you can answer them for yourself if you are in fact 18 years old.

For most purposes in California and also in the other states you are your own person at 18. There are some legal matters that require you to be 21 but they are not in your question.

If your parents gave you something with the title thereto in writing I would think you can take it to Florida. If the title is only supported by the word of one of your friends, it is pretty cloudy and I would hesitate to claim it if your parents are adverse to giving it to you.

I would suggest that you try to smooth things over before leaving as your action in doing so might create a split in your family that will be hard to repair.

Maybe by the time you have your birthday the whole problem will have disappeared...at least I hope so. Good luck.

Answer 6

If you can prove that you are able to hold a steady job
and care for yourself without the help of your parents
then they may not be able to get you back? But why
would you want to leave if you get most things for free?
oh' don't tell me,you wanna slobber on some guy,right?
I don't know you & I hope thats not why,but most of
the cases I have seen,thats the number one reason
why a little girl at 18teen wants to leave & I think it is
really selfish & kinda nasty!!! Why leave a good home
for a boy who will use you? No guy,not even the bad ones
wants a girl whose that easy!!!
If this is not the case with you,then I apologize. I don't
know you,but just seen it happen too many times,so
I don't mean to be rude. These girls ALWAYS get in
trouble. If your parents really love you,stay til 21 if you
can. I wish you the best of blessings,so take care,ok?

Answer 7

Listen,if there is anyway possible to work it out,do.that's just more time for you to save more money,and have good plans..Parents mean well,they only want the best for you,I promise.

In the long run,you will look back and when you have kids,you will understand what I am saying.. If you are an only child then that is very hard for them....Plus their baby bird wants to fly out the nest all by herself....
My 2 boys have been gone a year this past December,and we have a excellent relationship and always have,,But,as a mom,I am so,so sad....They don't call,or come by unless they are hungry....Free lunch,but I don't mind,I get to see them.
Think before you just do this.Have a clear plan...

Answer 8

At age 18 you are considered "amancipated". If you are not mentally incompetent your parents can't force you to return....although they may try. Since they can't make you return you should not file any charges against them. You may want to return if things don't work out for you. Filing charges may burn a bridge that you may need to use someday. You and your "Roommate" ( I suspect "Boyfriend") may not live happily ever after...Keep your parents close. They may turn out to be your saviour if things go wrong.

Answer 9

The other answers are correct except, if your parents are really determined, they could go before a judge and have you declared incompetent and themselves appointed as guardians. Just be sure you are behaving and taking good care of yourself. I'm sorry, this sounds like a painful situation for you.

Answer 10

once you are 18, they cannot make you come back and cannot stop you from leaving. they can try a lot of things, but will have a hard time getting anyone to listen to them.
you are an adult at 18. and can live where you please.