Can my son move out of my home if he is on probation?

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Can my son move out of my home if he is on probation?

My son was 15 when he got into a fight and broke a boy’s eye socket. They pressed charges and he was found guilty of a designated felony charge. It was his first offence, he had never been in trouble with the law. He was sentenced to 5 years;2 years served in a YDC facility and 3 years probation. He served his 2 years and is home and has complied with all his probation; he has a full-time job, and is paying for his car and insurance. He is now 19 years old and wants to move out and get his own place. Is there any reason by law he cannot move out of my home? His case manager is saying he can’t move out.

Asked on November 10, 2010 under Criminal Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

From the way you have written the facts in this matter is makes one shutter that your son would be found guilty of such an offense for a fight at 15.  Lucky for him he was a youth and you should double check to make sure that his record was sealed as it should have been.  Now, the conditions of his probation will govern his movements and his actions.  Do the conditions state that he must live at home?  Then if they do not I failt to see why he can not move out.  He is a legal adult and can support himself.  I would double check with an attorney in your area.  Good luck.


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