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Ask Meigs Your Own Question

Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1344
Experience:  I am well equipped to handle any family law problem you might have.
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Very volatile situation - a husband and wife living together,

Customer Question

Very volatile situation - a husband and wife living together, but agreed the marriage was over. A minor that belongs to the wife living in the home. The wife becomes violent, threatens to kill herself and her husband, is bipolar refusing to take her meds. This goes on for days where the husband has to leave the home. The wife sends text pictures of herself with a rope around her thoat saying she will kill herself. The husband calls police to have her baker acted, which she was taken away. The husband obtained a restraining order against her while she was gone. Now the child is still living in the house and refuses to leave. What responsibility does the husband have to the child, who does not belong to him? She is as violent as the mother!
Submitted: 1 year ago.
Category: Family Law
Expert:  Meigs replied 1 year ago.

meigs004 :

How old is the child?

meigs004 :

Where is the child's biological father?

Customer :

The child is 17 will be 18 11/28/2012

meigs004 :

When the child turns 18, he/she will then be an adult, and the parents, including step parents will no longer be liable for the individual as the child will be determined to be an adult. At this point, while you are only the step parent, considering you are still married, and living in the marital home, it would be wise to take care of the child until that point if the biological father is not involved in the childs life.

Customer :

The biological father lives in IL

meigs004 :

Ok. It would be wise for you to provide for the child or at least supervise him/her until the birthday, since you are married to the mother if possible. I do not know the parameters of the restraining order, but if the mother is out the child is her responsibility.

meigs004 :

Does that answer your question?

meigs004 :

If it does, please remember that I do not receive a salary or wages from this site, and my goal is to answer your legal inquiry. Therefore your satisfaction is paramount, so before providing a negative rating or leaving altogether, please be sure to converse with me about any confusion or clarification.

Customer :

Yes and no, do you know the legal way to get the child out of the house? She is becoming more and more agressive and has a police records where she has threatened to harm him. Can he just remove her belongings and change his locks while she is out of the house?

meigs004 :

He could, but I would do so after the child turns 18, and is officially an adult. Otherwise the child is still a minor, and as a step-parent, he may not want to run the risk of doing so beforehand.

Customer :

Even though there is an injunction against the mother and she cannot go there?

Customer :

shouldn't the child be with the biological parent?

meigs004 :

Yes the child should be with the biological parents, but they are still married which is the factor that obligates him to take care of the child or at least get the child to the mother or allow for a neutral third party pick up. As stated, I was not privy to the order providing a restraining order against her , and I do not know the terms of that.

meigs004 :

Is that as clear as mud?

meigs004 :

Does that answer your question?

meigs004 :

Hello? You forgot to provide a rating prior to leaving.

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