So my daughter is graduating this year. Her “Hope” is to move out of the house shortly after graduation.
The problem is that she will still be a minor, won’t be 18 until August about 3 months after graduation. Being that she is A) a teenager and prone to doing stupid things and B) historically not all that “Responsible” of a teenager my wife and I are concerned about the possibility of her “stupidity” coming back to haunt us.
Personally I have no problem with her moving out 3 months before her 18th birthday. I feel I’ve pretty much done my job, got her thru HS and am ready to “Release her to the world”. I am concerned about the legalities of this though.
Anyone have any ideas, suggestions, potential issues to point out?
Are you asking if it’s legal for her to move out, or are you asking what your liability as a parent of a minor might be if she does something stupid before she turns 18?
Both I guess. I hadn’t really asked the question of the “Legality of moving out”, I assumed that would be legal. Mostly the latter, my liability if she does something stupid like has a party, someone gets drunk they drive over someone else type of thing.
Well, #1, I’d say talk to someone knowledgable about Illinois tort law.
A quick search does show a 2000 Illinois appellate case out of the 4th district, which says:
Parents in Illinois are not liable for the torts of their minor children merely because of the parent-child relationship. *Bishop v. Morich, 250 Ill. App. 3d 366, 370, 621 N.E.2d 43, 46 (1993). Parents may be liable, however, if they failed to adequately control or supervise their children pursuant to section 316 of the Restatement (Second) of Torts (hereinafter Restatement) (Restatement (Second) of Torts §316, at 123-24 (1965)), which states as follows: “A parent is under a duty to exercise reasonable care so to control his minor child as to prevent it from intentionally harming others or from so conducting itself as to create an unreasonable risk of bodily harm to them, if the parent (a) knows or has reason to know that he has the ability to control his child, and (b) knows or should know of the necessity and opportunity for exercising such control.”
See *also *Duncan v. Rzonca, *133 Ill. App. 3d 184, 200, 478 N.E.2d 603, 613 (1985).
I would guess that when a child moves out of the house, there’s a good argument that you would have less ability to exert any kind of control over the minor. On the other hand, it sounds like you think there might be a reason to keep her at home, and more under your direct control. I think it will depend to an extent on what kind of trouble she might get into, but I wouldn’t say you’re 100% in the clear. OTOH, it would only be 3 months before she turned 18, right? It’s really a matter of whether you think she’ll mess up within that 3 month window, and whether you’re willing to take that risk, isn’t it?
I was mostly just yanking your chain. But since you asked…if you had done your job, wouldn’t she be more responsible?
But my parents were pretty great and I was a terror so a parent can only do so much. If they get in with the wrong crowd (like i did) all bets are off.
No decent landlord, etc. will enter into a contract with a minor. Where does she plan to live? Until she turns 18, I can’t imagine that she will be able to do much without you co-signing for her.
But my parents were pretty great and I was a terror so a parent can only do so much. If they get in with the wrong crowd (like i did) all bets are off.
I think you answered your own question
Parents “Do the best they can”. At some point the child has to start making their own decisions. It’s simply part of becoming an adult. If the parents have shown the child the right way, have done everything, with in reason, they could and the child chooses another path, not much the parents can do.
No ones a perfect parent and I’m far from it. I did the best I could with the tools that I had, I’ve done my job.
No decent landlord, etc. will enter into a contract with a minor. Where does she plan to live? Until she turns 18, I can’t imagine that she will be able to do much without you co-signing for her.
On the couch in the living room, with her 18 year old friend and 20 year old friend…the 18 year olds parents are paying for most of the apartment because she is going to college
As a previous poster stated, you may not be legally responsible for her bad acts. However, as a practical matter, if she is under 18 she is going to have some difficulties doing things on her own because as a minor she won’t be able to enter into enforcable contacts and because she probably will lack the necessary financial resources to jump right into totally supporting herself. So, you may get sucked into co signing an apartment lease for her, letting her use a car that is still in your name etc. So, while you may not be per se liable for her actions, if you co sign the apartment lease and her first wild party ends with 3 dead and a million bucks in property damage, or she drives your car into a school bus on the way home from a party you may be on the hook
So, you may get sucked into co signing an apartment lease for her
HA, not on YOUR life.
letting her use a car that is still in your name etc.
Doesn’t drive.
I seriously doubt that anything will go wrong and it’s always a “Risk”. that being said I fall on the side of pessimism and CYA. I think I may look into the “Emancipated minor” law and see what expense is in that.
No decent landlord, etc. will enter into a contract with a minor. Where does she plan to live? Until she turns 18, I can’t imagine that she will be able to do much without you co-signing for her.
On the couch in the living room, with her 18 year old friend and 20 year old friend…the 18 year olds parents are paying for most of the apartment because she is going to college
~Matt
Then tell her not to let the door hit her where the good Lord split her.
“to prevent it from intentionally harming others or from so conducting itself as to create an unreasonable risk of bodily harm to them”
I think this is the key. When she turns 18, are you legally able to absolve yourself from any responsibility? Probably not, if you are providing some sort of support for her, say if she was going to college, you have some form of control over her. But if she was moving out, getting a job, making her own life, then you would have a much stronger case. If she is adamant about moving out soon, maybe she can emancipate herself from you. Or, get her to wait until she is 18. Just a few things that crossed my mind when I read your post. Sorry nothing more solid. My oldest is 16 and very responsible, just became an Eagle Scout. I hope I dont have any worries here. My youngest son though, is a nut job. I think he might be headed for the X Games.
Well given the fact that you have posted on a public forum that your daughter is “stupid” and “irresponsible” and that you feel that your job as a parent is “pretty much done” and you’re ready to cut her loose on an unsuspecting public, I’d wager that if she does go out and get hammered and plow her car through a bus stop, you have just opened yourself up to potential liability by posting your admission here.
Well given the fact that you have posted on a public forum that your daughter is “stupid” and “irresponsible” and that you feel that your job as a parent is “pretty much done” and you’re ready to cut her loose on an unsuspecting public, I’d wager that if she does go out and get hammered and plow her car through a bus stop, you have just opened yourself up to potential liability by posting your admission here.
But since you asked…if you had done your job, wouldn’t she be more responsible?