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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Looking for someone knowledgeable about FL. Is very urgent

Resolved Question:

Looking for someone knowledgeable about FL. Is very urgent and time sensitive...
Submitted: 4 years ago.
Category: Family Law
Expert:  Ellen replied 4 years ago.

I am a licensed Florida attorney. What specific information would you like?
Customer: replied 4 years ago.

Oh super - my son, his wife and two children live with us. My daughter-in-law has been attending nursing school and as the children are 2 and 3, we all thought it better that they live us so we could help care for the children. My son and daughter-in-law have been going through some ups and downs since last Aug when she informed him she did not love him but they seemed to work it out and in the last month things really went haywire. She announced she was leaving, without the kids, and we tried to talk her into counseling and at least to stay until we could figure out daycare or a sitter. This past Sunday evening she simply packed up and left, did not say goodbye, left her phone here (it was borrowed), has no car, and moved in with a friend. Because this was the last straw for my son he filed for divorce on Monday, something they were planning to do anyway, removed her from the state aid case they have and opened his own, removed her from his insurance and bank, basically seperated out everything.


She did not call except to aks for money and to say she wanted the kids this coming weekend. He replied to her after talking to his attorney (who we cannot get a hold of until Monday which is why I am writing in) and told her that she could come to the house to see them or he would meet her somewhere but no overnights until everything was decided legally. The kids are freaked out and do not want to "go away like mommy". In the meantime, my daughter-in-law had sexual relations with the husband of the woman she was staying with and got kicked out. She called on Wed to come back here to the house as she has no where else to go. My son told her no he was concerned for the children. She tried to hang herself and swallowed some thyroid medication, walked 20 miles to a store near our house and called at 2 AM yesterday morning looking for my son. He went to the store, found out she had tried suicide and took her to a local hospital where she was admitted.


Today she called and said that she was told because her mail is coming here he cannot prevent her from returning. He is freaked out, does not want her here, does not want her around the children in the state she is in and cannot get a hold of his attorney. He is trying as I type this but he asked me if I could find anything out. We just want to know what his rights are. Can he prevent her from returning here, do we need some emergency restraining order, she has not tried to come here, she is still in the hospital, but she could be released Sunday morning...just not sure what to do...


Expert:  Ellen replied 4 years ago.
So sorry to hear of this dilemma.

If my answer is not clear to you or does not completely answer your question, please ask me for clarification by using the reply button.

First you are not required to allow her to enter the house. Had she left for a few days with the intent to cool things down, she would be legally entitled to return home. However in this situation she moved out of the house and your son has filed for divorce.

It is not likely that the hospital will release her Sunday morning – a mere 24 hours after a suicide attempt. Your son can contact the hospital and state that he believes that she is a danger to herself and others and request that she be held for a full 72 hour psychiatric evaluation. They are not required to comply with his request but may do so

I think this is what you wanted to know. Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.
Customer: replied 4 years ago.
Thanks - it was actually Thursday morning about 3 am that she was admitted. So, Sun morning would be the full 72 hours. We were scared that it being a Sunday we could not really do anything. We don't want to have to call the police, we are not in danger, she just cannot come back here for many, many reasons at this point. If she shows up, do we simply refuse entry? Thanks.
Expert:  Ellen replied 4 years ago.
I see

If she arrives at your home you can deny her entry. If she attempts to force her way in, you may call the police. You will need to be very clear with the police officer that she has moved out of the property and a divorce has been filed. You may also want to mention that she was just released from a psychiatric hospital.

You will want to be certain that your son is with the children. Absent a court order to the contrary, a parent is the natural guardian of the child and therefore if your son is not with the children, she has the right to take the children

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Expert:  Ellen replied 4 years ago.

I have not heard from you in several days – I was just wondering how your situation is proceeding. I am here if you need any further information.

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