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Thread: Parents taking 18 year old out of school--North Carolina

  1. #1

    Question Parents taking 18 year old out of school--North Carolina

    If you are 18 years old (or older, for that matter), in school (like, actually in class) and your parents come to take you out early, can you refuse?

    This is kinda time-sensitive; an answer sooner is better than later. Sorry if this is under the wrong section; I don't really know what category this falls under.

    EDIT: Still living with parents, trying to be dragged out for browbeating by a quack therapist who claims that you're autistic.
    Last edited by BlackMetalKnight; 10-25-2011 at 11:33 AM. Reason: adding information

  2. #2
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    Do you live with your parents? For what reason are they taking you out of class?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

  3. #3

    Default Responding

    Technically, it's not me; it's a friend. I'm asking b/c she's in class right now and wanted advice on this ASAP.

    At the moment she's still living with her parents (hard to find a place when you're an unemployed High School student), and they're trying to drag her out for a Therapist appointment that she didn't schedule and explicitly tried to cancel. In case it matters, it's not about depression or anything; they've just found a shrink that's willing to take their money to mess with her head.
    Last edited by BlackMetalKnight; 10-25-2011 at 08:31 PM. Reason: Removing unnecessary personal details

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    Their house, their rules.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

  5. #5

    Default Confused

    ...wait, does living in their house grant them magical legal authority to do whatever they please, or just a big stick to wave around (do this or we kick you out)?

    BIG difference here.

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    As long as the parents are paying for the roof over her head, the food she eats, the utilities that keep her warm and cool as seasons provide, and so on, they get to make the rules. She is a legal adult; if she wants to move out she can. She can then take charge of her own medical care, along with paying her own rent, utilities, groceries, etc., and she can make her own rules. She does NOT get to live in her parents house and let them pay the rent/mortgage and all the other bills that go along with her support (and please do not tell me about how she pays her own cell phone and car insurance - I'm not going to be impressed unless you can truthfully tell me she pays a third of the rent every month) and still do whatever she pleases regardless.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    Looking at it a little differently, unless they have medical power of attorney over her, no, they can't force her to go anywhere. EXCEPT, out of their house. Is that clearer?
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

  8. #8

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    Yes. Thanks!

  9. #9
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    Sounds like she is not emancipated. I would be surprised if the medical provider insists on a health care power of attorney to see her. As an 18 year old, I think she can refuse to cooperate with the therapist. But her bigger problem is the relationship with her parents. And if they are intent on dragging her to a therapist, chances are she is not quite as healthy as you may think.
    Bob Bollinger, Attorney
    Board Certified Specialist in NC Workers' Compensation Law
    Charlotte, NC

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