Can a parent kick me out of the house?

We wrote about parental rights and duties in our article.

According to Section 28, Paragraph 1, Letter a) of Act No. 36/2005 Coll., the Family Act (hereinafter “FA”), one of the main duties of parents is to ensure “continuous and thorough care for the upbringing, health, nutrition, and all-round development of the minor child.” When exercising these rights, parents “are obliged to protect the interests of the minor child (§ 28, Paragraph 2 FA).”

We believe the question should be considered primarily in the context of these legal provisions, as the FA does not provide a direct answer. It also applies that these duties are owed by the parent to their minor child. Once the child reaches majority, either by turning 18 or by entering marriage before this age (§ 8, Paragraph 1 of the Civil Code), the child acquires full legal capacity (i.e., the same as their parents).

According to § 62, Paragraph 1 of the FA: “The fulfillment of the maintenance obligation of parents towards children is their legal duty, which lasts until the children are capable of supporting themselves.”

Whether a parent can “kick out” a child from the home depends also on whether the child is capable of securing basic living needs, including food, independently. Note that this matter is assessed individually (considering the circumstances of the specific case) and comprehensively (taking into account other relevant facts). It cannot be said with certainty in advance that the child’s ability to support themselves depends solely on reaching a certain age, e.g., majority (R 100/1967) or their overall ability to perform any gainful activity (R 16/1968). The court would also examine other factors such as the justified interests of the child, their abilities, health condition, overall physical capacity, behavior towards parents, etc.

Moving out from parents before the age of eighteen

Act No. 36/2005 Coll., the Family Act (hereinafter “FA”) essentially “requires” parents to diligently and responsibly perform their parental rights and duties (which include, for example, the right to represent the child, care for them, raise them, and provide for their maintenance) until the child reaches majority. An adult child is fully capable of legal acts, does not need a legal representative, and is legally responsible for their decisions and actions. Majority is acquired upon reaching the age of 18, or before that by marriage (§ 8, Paragraph 2 of Act No. 40/1964 Coll., the Civil Code). Marriage can be entered into in Slovakia at the earliest at age 16 (§ 11, Paragraph 1 FA).

Until majority, the parents as legal representatives decide on the permanent residence of the minor child.