How to Evict an Adult Child in Georgia

My question involves an eviction in the state of: Georgia

My son quit HS and moved out of the house at 17. He was allowed to move back in with his 20yo girlfriend last year due to them saying they were in grave danger where they were living. The conditions of them moving back in were that he complete his HS education, behave appropriately, that they both help out around the house, with his ultimate goal being to join the military upon completion of HS, all verbally agreed to 5 months ago.

He will turn 18 in a few weeks. His GF works 2 jobs, really is no problem, except for her enabling his wrong behaviors. Although he is signed up in an accredited online HS program that we pay for, he makes no effort to complete HS. He will not look for a job. On the rare occasion that he does anything to help at home, he considers he is doing us a favor. He drinks and smokes marijuana regularly. He feels entitled to a vehicle to drive and anything he wants. He has crashed 2 vehicles in 6 months and stays angry because we will not not give him a vehicle to drive. We drive his GF to/from her jobs.

He went to jail on a domestic violence charge (against his father in the home - not an uncommon occurrence) a month ago. He must appear in court for that charge 2 weeks after his 18th birthday which is in a 5 weeks. His GF bailed him out of jail, which is why he is back home now. He tells us regularly all that we owe him and that we don't have any choice but to allow him to continue living at home. He is hateful, disrespectful, demanding, lazy, ungrateful and there is no peace when he is home. We, his parents, work hard, always have, have had no legal issues, and have a large family that we try to do for, and this adult son is consuming most of our resources financially, emotionally, etc. It has to stop. We want him out and by extension that will mean his GF, also.

He is not the type to be reasoned with. Verbal communication is impossible. He is very intelligent. It is disappointing to see him the way he is because he has so much potential but he instead uses our love for him against us in a disgraceful way. He was not overly indulged growing up, was raised by a military father, and as parents we have always made our expectations for behavior clear and modeled what we expect. We have tolerated a lot due to realizing a few years ago that he is likely bipolar, and we had hoped continuing to offer him stable parents, a stable life that includes responsibilities, expectations, and consequences might help him to find some level ground to function. We have reached a point where tolerating anything further is not possible. His attitude and behaviors are not how he was raised and are not something we can continue to be part of. We need to take back our life and home.

What is the process to evict him in GA?
Can he be evicted when he turns 18, even though he has not finished HS?
Can the process of eviction start now even though he will not be 18 for another 5 weeks?
What is the process to evict his GF and can it all be done as 1 process/eviction or does it have to be separate?

Thank you for any guidance you can offer.

If this is child is 17, he's not an adult. He's a child. However, here was where, at least in this instance, you went wrong (although it appears that there were TONS of parenting mistakes made where this child is concerned over the years):

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Quoting TiredInGeorgia

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My son quit HS and moved out of the house at 17. He was allowed to move back in with his 20yo girlfriend

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Who gives their minor child permission to move back in and shack up with their adult girlfriend??? :confused::confused::confused::wallbang:

Anyway, read this http://www.dca.ga.gov/housing/Housin...t_Handbook.pdf

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Quoting CourtClerk

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If this is child is 17, he's not an adult. He's a child. However, here was where, at least in this instance, you went wrong (although it appears that there were TONS of parenting mistakes made where this child is concerned over the years):

Who gives their minor child permission to move back in and shack up with their adult girlfriend??? :confused::confused::confused::wallbang:

Anyway, read this http://www.dca.ga.gov/housing/Housin...t_Handbook.pdf

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Thank you for this response. I am new to this site, and your response goes a long way in revealing to me whether posting and reading here is worth my time investment.

The law may be fairly black and white. Parenting, on the other hand is not. I did not ask for advice on my parenting decision about allowing my son to return home with his GF. Actually, I did not ask for anyone's input on my parenting. I am a great parent which means I have made mistakes and I know when and how to own them. I know it is commonplace for people to judge parents and say bad parenting is the cause or excuse for a child's poor choices/behavior, but that is not always the case. You are ignorant of our situation in full and so you have not only judged us, you have also judged us unfairly. You would do well to recognize when people post brief personal details to give background for their legal questions, they are not inviting you to remark on those details. If you have something to offer regarding my clear legal questions, I thank you in advance. Otherwise, I do not intend to read or respond to your blind judgement of my parenting choices.

I gave you the legal answer to your question. The rest of it is just a bonus. No, you're not a GREAT parent if your 17 year old has so little respect for you that he has to carry on like this. No, you're not a great parent if you allow your UNDERAGE child to live with and most likely have sex with said child under your roof.

Have a splendid evening.

"He went to jail on a domestic violence charge (against his father in the home - not an uncommon occurrence) a month ago. He must appear in court for that charge 2 weeks after his 18th birthday which is in a 5 weeks."

Consider requesting a restraining order against him during the court hearing.

Otherwise, review what Clerk Court included in his posting.

It is easy to file for a dispossessory (Georgia's version of an eviction). However, since it appears he pays no rent himself, it might be questionable as to whether he is even considered a tenant (thus the suggestion for a restraining order).

If the GIRLFRIEND is paying rent, then they might be considered to have a tenancy at will (i.e., a month to month lease). Such leases can be terminated by the landlord in Georgia with a 60 day written notice to the tenant. If they fail to move out then you would file against them for being "hold over" tenants.

Gail

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Quoting CourtClerk

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If this is child is 17, he's not an adult. He's a child. However, here was where, at least in this instance, you went wrong (although it appears that there were TONS of parenting mistakes made where this child is concerned over the years):

Who gives their minor child permission to move back in and shack up with their adult girlfriend??? :confused::confused::confused::wallbang:

Anyway, read this http://www.dca.ga.gov/housing/Housin...t_Handbook.pdf

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I see you are listed as a senior member here. Out of respect for that title, I am choosing to respond to your comments.
I am a great parent because I love with my whole heart my children, have been a great role model for them, have trained them in what is good and right, have treated them with patience and kindness, have disciplined them when needed, have rewarded them when appropriate, have strived to inspire them to follow their dreams and talents and have provided all 6 of them with a stable 2-parent home. Not one of them ever spent a single day in daycare and never saw their parents receive a single dollar of welfare.
My 17yo having so little respect, is a character flaw in him and choice he makes, not a reflection of my parenting.
As far as "allowing" my child and his GF to live in our home, by law I am required to allow him to live in my home. I allow his GF because he is intolerable to live with, likely due to mental illness, but with her, he is only sometimes intolerable. It is the path of least resistance, which great parents sometimes have to be wise enough to choose. …just like I also choose to believe you're not an idiot with too much time on your hands just because you're make a point to post judgmental, unkind, unnecessary comments to people on this site who are asking for help.

You'll be happy to know you did succeed in one thing. I'll just hire an attorney, and not seek help on sites like these after today. May God bless you.

character is a learned quality so to this:

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My 17yo having so little respect, is a character flaw in him and choice he makes, not a reflection of my parenting.

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in fact it does reflect on your parenting.

You are allowing your son to control you. If he is smoking marijuana, that is against federal and state law in Georgia. You can turn him in and leave him in jail. If the gf thinks of bailing him out, tell her that she will have to find another place to live. If you believe he is truly suffering from a mental illness and isn't just rude, lazy and violent, get him professional medical help. That is your responsibility as a parent.

You allow him an adult girlfriend because you don't have the backbone to say no, which is why he now walks all over the two of you.

If he slugs his father, it's a matter of time before he assaults a member of the general public.

If you think he has a mental illness, see what you can do about getting him some treatment while he is still your responsibility.

This article summarizes your duty to support your child. "The Georgia Code requires each parent to provide for the maintenance, protection, and education of his or her child until the child reaches the age of majority or age 20, if the child is enrolled in a secondary school." If you have a continuing duty of support, you can fulfill that duty by helping your adult child live somewhere other than your home.

Here's a brief summary of eviction procedure. Assuming you have no continuing duty of support, you can give proper notice to quit before your child turns 18, and can commence eviction afterward. You can give simultaneous notice to his girlfriend and evict her in the same proceeding, and you may proceed against her even if you cannot evict him.