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Lawdoctor
Lawdoctor, Lawyer
Category: Family Law
Satisfied Customers: 1400
Experience:  Over 22 years of experience in numerous states.
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My 32 year old step-daughter and 3 young children moved into

Resolved Question:

My 32 year old step-daughter and 3 young children moved into our house 4 weeks ago when my son-in-law filed for divorce. I have reason to believe she is using illegal drugs and want her out of my house. Do I need to get a legal court order before calling law enforcement to have her removed?
Submitted: 4 years ago.
Category: Family Law
Expert:  Lawdoctor replied 4 years ago.

Dear JA Customer:



Thank you for allowing me to assist you with your question.



Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.



Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.



There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!

 

Yes, you can have her sited for trespassing however, expect her to tell the cops she is a renter or has the right to be there. You will need your husband, her father to back you up or they are just going to tell you it is civil and you will have to go through an eviction process to get her out.

 

If you think she has drugs in the house, you can certainly call the cops to come and search the house for her drugs, but understand that it could backfire on you and if it does, then they could try to take your house for forfeiture. I would not risk it.

 

One thing to do is when she and the kids go out is to have the locks changed, the garage door code changed and have her stuff packed and outside waiting for her to pick it up... could be just the thing. Though, I would hate to see the children suffer because she is not so nice.

 

If she is using drugs and you report her, CPS can take the children and if the father wants them, he should get them, or you could end up with them for foster care. All of these are things you need to consider for your game plan.

 

I wish you the best in this difficult situation.

 

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be off line. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.


Customer: replied 4 years ago.
Why do you say I risk forfeiture of my house? Don't I risk that anyway if there are drugs in the house and she claims they are mine? As you have surmised, this is a very stressful situation with the children involved. She is currently under court order to take random weekly drug tests, so it's not just me who suspects her use. Do you think the court would let me have a copy of her weekly drug analysis?
Expert:  Lawdoctor replied 4 years ago.
That is exactly what I mean. If you call the cops and report the drugs, make very sure that you can prove that they are hers and not yours. You may be better off flushing them down the toilet unless you know someone in law enforcement who can vouch that the drugs are not yours. If she is a user, then she knows how to manipulate and will come up with the wicked step mother story that you are setting her up, boo hooo.... That is why you have to be careful about the drugs because they are in your house and that could result in forfeiture, you are in a catch 22 with this.

It is good that she is under a court order, you can call her probation office and report her drug use anonymously and they will test her more often, if she test positive, she should get violated.

They will not give you a copy of her drug test, it involves all kinds of problems, first of which is HIPAA protection and other privacy concerns.

Call her probation officer if she is on probation.

I am so sorry taht you are in this situation and it is stressful, but remain cool, calm and collected and you can get through this ordeal.

I wish you the best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If I don’t’ answer immediately, I may be off line. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.


Lawdoctor, Lawyer
Category: Family Law
Satisfied Customers: 1400
Experience: Over 22 years of experience in numerous states.
Lawdoctor and 6 other Family Law Specialists are ready to help you

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