Understanding Legal Action for a Missing Adult

When an adult leaves home of their own accord, this action is generally not illegal.

Does Running Away Have Legal Consequences?

For adults aged 18 and above, the voluntary act of leaving home carries no legal penalty. The individual is free to make their own choices and decisions regarding their living situation, as long as they are of sound mind. Parents facing a situation where their adult child has left home may wonder about legal measures to take.

Two Scenarios

Scenario 1: You hope to use persuasive means to convince the police to conduct a search and bring the adult child home voluntarily. This involves a hope that law enforcement will act on your behalf, negotiate, and facilitate the return of your child. Scenario 2: You have already taken measures to secure your home and the individual's contact information, with plans to continue making these changes without the adult’s presence or consent. This includes changing locks, cancelling phone services, and reallocating funds for personal needs.

Laws and Legal Rights of Adults

There are no laws specifically prohibiting an adult from leaving home. However, if there are special circumstances, such as mental health issues, custodial responsibilities, or a legal guardianship, this situation might be different. In these cases, legal documents can provide a basis for intervention.

Special Circumstances

If the missing adult is under a custodial order due to mental health issues, or there is a suspicion of foul play, legal action may be necessary. Consulting with a lawyer in these situations is highly recommended to understand the specific rights and responsibilities involved.

Reporting a Missing Adult

Parents can file a report with the authorities, but the usefulness of this action depends on several factors. Reports can be vital if the individual has been in an unwanted situation or if they are untraceable, requiring police assistance.

Is an Adult Still a Runaway?

Strictly speaking, an adult who leaves home cannot be classified as a runaway. They have the legal right to leave their living arrangements and pursue their own choices, as long as they are of sound mind and legal age.

Parental Resignation

Parents should accept the fact that their adult child has the right to make their own decisions. They should wish their child well and allow them the space to make choices that align with their personal values and ambitions.

While there are legal avenues to explore in specific situations, such as special circumstances or mental health concerns, the default stance is that leaving home is a constitutional right of adults. Understanding and respecting this can help both parties navigate any issues that arise.