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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 36753
Experience:  I provide family and divorce law advice to my clients in my firm.
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My son is in a predicament and needs legal advice, but, cannot

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My son is in a predicament and needs legal advice, but, cannot afford the legal fees associated with an attorney at this time. He owns his home and is the father of a 20 month old little girl. At the time she was born, he and the Mother were engaged. She moved from another State and into his home right before the baby was born. Shortly after, her Mother also moved in and has remained there since that time. It's obvious that the relationship is not working out. He is hopeful that the Mother of his child, and her Mother, will find living arrangements elsewhere, but, they will not discuss this option with him. He has a nine year old son who he shares custody with and pays child support faithfully. He wants to maintain a good relationship with the mother, but, does not know how to get her out of the house, especially since his baby daughter is involved. Any advice will be appreciated...where does he start?
Submitted: 8 months ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 8 months ago.
Thank you for your post. Please permit me to assist you with your concerns.

My apologies but we here at JustAnswer do not provide 'legal advice' as we are not your attorneys or attorneys for your son. While I can help answer your questions and provide legal information, I cannot directly advise your son. Would that suffice?
Customer: replied 8 months ago.

Yes. He is just trying to figure out what rights he has without jeopardizing his custody rights. He doesn't want to come off to the courts that he is an uncaring Father,...he's .just the opposite. But he does not feel that the Mother of his child and her Mother have "squatters rights" either. They have completely taken over his home. He wants to be fully involved in his childs life...but not live under the same roof with the Mother of his child. They are not children..both are in the 40's.


 

Expert:  Dimitry K., Esq. replied 8 months ago.
Thank you for your followup, Sondra.

Glad, I would be happy to help, I just wanted to explain both my own and the site limitations.

If I may ask, I am assuming that he brought this up with the person in question but she does not wish to leave. Is he willing to possibly pursue an eviction if necessary? He is not married to her, correct?
Customer: replied 8 months ago.

No...they are not married. He has tried to discuss the situation with her "calmly", but, it escalates quickly to him "throwing them out of the house" discussion. He would absolutely hate to have an eviction notice served...she could use it against him with their daughter at a later time in her life. His suggestion is for her and her Mother to find a home together as evidently they can't be separated, but, he needs cooperation.

Expert:  Dimitry K., Esq. replied 8 months ago.
Thank you for your follow-up, Sondra.

Your son is stuck in an untenable position here. He either has to do nothing and allow them to stay, or seek an eviction. There are only three ways someone can leave the property:

1. By their own choice or consent (which appears is not the case here).
2. Via a court order based on a restraining order. This is a situation where one person may have threatened of physically assaulted the other, and that person is now in serious fear of her personal safety or safety of the child.
3. An eviction. This would require your son to give the adults formal written notice to quit the premises--such notice has to be at least for 30 days, and should be either personally served, affixed to their door to their bedroom, or sent certified mail to prove notice. Then if they refuse to move, he would indeed need to take her and her mother to court and obtain a writ of possession. That writ would then need to be given to the sheriff, who would be able to serve it and formally remove them from the premises.

My apologies but there are no other real options here--if she is refusing to leave, he does indeed have to 'throw her out of the house' since the home is his and he can demand full use of it. He just cannot personally evict or remove her from premises.

Hope that helps.


Sincerely,

Dimitry, Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 36753
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 9 other Family Law Specialists are ready to help you
Customer: replied 8 months ago.

Thank you. I understand this is a very difficult situation. He will need to discuss the alternatives with her if she refuses to vacate...along with her Mother. Thank you. I will pass this info onto my son.

Expert:  Dimitry K., Esq. replied 8 months ago.

Sondra, Glad to help, truly.

 

Please let me know if I can assist in any other way. Otherwise, if satisfied with my work, kindly do not forget to positively rate my answers so I can obtain credit. Thank you!

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