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Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I want to ask you what are the rights of a parent who have

Customer Question

I want to ask you what are the rights of a parent who have two sons ages 22, 20 who are rebellious, who are not abiding by the parents rules and with whom we have had several physcial altercations in the past as well as severa; visit from the Chatham county police department to settle disputes. We yesterday filed with the magistrates courts a depossary warrant to have them removed. One son does not have a job, we have been keeping him up for the past several months paying all of his debts. We have been told by the police that our sons are able to come and go as they please and have access to any and all of our possessions until they are evicted. What are our rights as parents at this particular stage? Dale and Teresa Dyar
Submitted: 4 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 4 years ago.

Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.

If there are physical altercations, the police should be called and a restraining order should have been filed, which would have kept them out of the home and possible facing criminal charges. If they live there and you want them out, you do have to evict them. It is a civil issue and you need to go through the courts, as the police stated. They have no legal right to your possessions . If you want them out and they are refusing to leave, go through the court and have them evicted. If they fail to leave, the sheriff would come and remove them and their stuff.

Customer: replied 4 years ago.
Relist: Other.
You bascially told me what I have already done. I needed to know length of time they have when they are served with the warrent of eviction and what do we do in the mean time to protect ourselves. And do they have the right during the time they are served and how many days will they still be allowed to remain in our house. Your answer is very much what we already told you we did.
Expert:  FamilyAnswer replied 4 years ago.
Are you in Atlanta?
Customer: replied 4 years ago.
No, Chatham county Savannah Georgia.
Expert:  FamilyAnswer replied 4 years ago.
Once a tenant receives a warrant, the tenant has the option to answer the
warrant within seven days.If the tenant fails to answer the court may order the tenant put out on the street. If no answer is filed, on the 8th day after service of the dispossessory, the landlord can ask the clerk to sign a "writ of possession." Then the
landlord can check with the clerk on executing the writ. In most courts, the Marshall or sheriff's department has a schedule to supervise a physical eviction. The landlord is responsible for removing the tenant's property or arranging for another to do so. The marshal or sheriff may put a notice on the tenant's door, sometimes called a "24 hour notice", to let the tenant know that the physical eviction will happen the next day
Expert:  FamilyAnswer replied 4 years ago.
Has this time period passed yet?

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