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...
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).