questions & answers

Question: My boyfriend has a 17 year old son who has been caught several times smoking marijuana and we just found out he is selling it. My boyfriend kicked him out by packing his things and bringing him over to his Grandma's house. The son left that house and is now living with multiple friends and stating he has been abandoned. The problem with letting him back home is the use and selling of illegal drugs. These are things my boyfriend could be arrested for if they are found in his home. What are his legal rights to remove the son from his home without being considered a child abandonment case?

Answer: In Arizona, parents are obligated to support their children until they reach the age of majority. According to A.R.S. 25-501, “If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided while the child is actually attending high school or the equivalency program but only until the child reaches nineteen years of age.” This generally means that if a child reaches the age of majority (18, in Arizona) but is still attending high school, then so long as the child is attending school the parents are obligated to support him or her. This obligation will terminate at the time the child turns 19 or ceases to attend school.

If the young-adult refuses to obey you, or if he/she is involved in criminal activity. Please refer to the following statutes found on the superior court juvenile website:

An "incorrigible" youth is one who is truant, runaway, refuses to obey a parent or guardian, violates curfew or smokes cigarettes. ARS § 8-201.

A "delinquent" youth is one who, if he/she was an adult, could be charged with any crime listed in Title 13 of the Arizona Revised Statutes. ARS § 8-201.

The Juvenile Court has delinquency jurisdiction over children and juveniles from age 8 until their 18th birthday.

https://www.superiorcourt.maricopa.gov/SuperiorCourt/JuvenileCourt/delinquency.asp