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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35406
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I am trying to get information regarding my son who lives in

Customer Question

Hello, I am trying to get information regarding my son who lives in Kentucky. He has asked me to help him with his problem. He is 34 yo and living with a girl for the past 3 or so years. She has hx of drug abuse and her two only children were taken from her and placed in foster care for that reason. She has continued to take any/all medication she can get. She does not work. She goes to some psychiatric clinic and they continually give her medications like xanax and others . She stays "doped up". Her mother(who is a known drug addict) sends her money and she buys alcolol and pain pills. She drinks alcohol while taking these pills. She has gradually gotten worse and she is now at the point of being a danger to my son and possibly to her self. She has told him that she will kill him. He is in fear of his life. The house where they are living is rented by my son and his name is ***** ***** one on the contract. He left the home a few days ago and was staying with a friend. She kept calling him and now she says she is pregnant and wants an abortion. She told my son she needs $750 for the abortion. She showed him a copy of the sonogram that she supposedly had. He gave her the money. She told him that she did get the abortion. A few days later, she is strung out on drugs again and now says that she did not get the abortion and she kept the money. He has tried and tried to get her to leave but she refuses. She threatens him saying if he calls the police, she will tell them that he is physically abusive to her. He says that he is afraid of her and what she may do. I can hear her in the background when he calls me. She is cursing at him, screaming at him. I heard her last night demanding money from him so she can buy pills. I live in Florida. He has asked me to help him because he said he doesn't know which way to turn and what to do. I am taking a leave at work to go up there and help him do what ever he needs to do to get her out of the house. I know I can't do anything personally but, I can be there for him and go with him to get things taken care of. If she is pregnant with my son's child, do I have any rights to my grandchild? What should my son do to start the process to get her out of the house. She is breaking things up in the house and threatening to kill him. He is scared. If he leaves, she starts breaking his things and destroying them. What can he do?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your son's situation. My goal is to provide you with excellent service today.

I note that you are dealing with several different areas of law---both landlord-tenant law and family law. The intermingling of these issues makes dealing with the situation very complex and potentially time consuming to address in a way which would be useful to you.

This seems like a very crucial matter for you and your son, especially if you are considering taking leave from work to go to Kentucky, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call. Let me know if you don't want a call and I can continue here.

In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Does this woman use illegal drugs in the home?

2. Is you son looking for a way to get her out of the home?

3. Do you know for a fact whether the "pregnancy" was a ruse to get money or is real?

Thanks in advance,

Doug

Customer: replied 1 year ago.
Can we do three way with son on the phone?
Expert:  LawTalk replied 1 year ago.

I don't have the ability to set up a three way call. If after I call you, you want to add your son in, that is fine. However, with multiple people asking questions that can mean an inordinate amount of time spent for me and I will have to either limit the call to 15 minutes, or make you a new offer based on the additional time expected to be expended on the call.

Customer: replied 1 year ago.
1. Does this woman use illegal drugs in the home? Yes she is doing illegal drugs in the home.2. Is you son looking for a way to get her out of the home? Yes, he does want her out of the home ASAP3. Do you know for a fact whether the "pregnancy" was a ruse to get money or is real? She has copy of sonogram she supposedly had
Expert:  LawTalk replied 1 year ago.

Hi,

Thanks for the information. How are we going to handle the phone call?

Doug

Customer: replied 1 year ago.
I just spoke with him. I'm fine with the chat. We just need to figure out where to start to get her out of the house. I think that's our priority.
Expert:  LawTalk replied 1 year ago.

Hi,

Alright, not a problem. I will deal with the landlord tenant issues in this question.

As she is not on the lease, he can serve her with a 30 day Termination of Tenancy and if she is not gone by 30 days, he can sue her in court for eviction.

If she hits him, pushes him or breaks anything in his presence in an effort to scare him, he should call 911 and have her arrested for domestic violence. He can then get a protective order the next day to to keep her away.

He can call the po0lice and report her use of illegal drugs in the home and have her arrested. he then can seek a protective order based on the arrest and drugs in the home to protect his child.

Those are the legal ways of having her removed.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
He has called 911 before because of her breaking things and hitting him but, they told him there isn't anything they can do. She is telling him now if he calls the police again, she will tell the police that he hit her and have him arrested. He is scared of her.
Expert:  LawTalk replied 1 year ago.

Hi,

She must break things in front of him and he must then call 911 tell the police that he is frightened for his safety and ask them to arrest her for domestic violence.

If the police won't do anything---which sounds extremely odd--- then he will simply need to apply for a protective order without her having been arrested. He can take photos of the things that she breaks in front of him---and even better if his child is present as well. His child has a right to be protected from domestic violence just as he does.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

You may of course reply back to me and I will be happy to continue to assist you further.

I wish you well,

Doug

Customer: replied 1 year ago.
she threatens him that she is going to tell the police that he hit her and he is scared that he will get arrested.
They do not have any children, only the one that she is pregnant with now. What about the unborn baby? Isn't there something that can be done because she is endangering that unborn childs life?
Customer: replied 1 year ago.
Another thing. She is asking him for money to get abortion. He doesn't want abortion. I told him that I will take the baby. I'm sure they will not allow her to have that baby because of the drugs. Do I, as grandparent have any rights to that baby?
Expert:  LawTalk replied 1 year ago.

You wrote: she threatens him that she is going to tell the police that he hit her and he is scared that he will get arrested. They do not have any children, only the one that she is pregnant with now. What about the unborn baby? Isn't there something that can be done because she is endangering that unborn childs life?

I read what she threatened, and he can either cave into to her threats, or protect himself and his child. Until the baby is born there is nothing legally he can do. This is because until it is determined that he is the father, after the baby is born, he has not parental rights. He can report the drug use to police though---and hopefully point them to where her illegal drugs are in the home.

Grandparent rights are limited to visitation in KY. So no, you have no way to take the child from this woman unless or until children's services takes the child from her. You may then apply for custody if you son agrees.

We have gone off track here and are no longer discussing landlord tenant law. That is why I offered you a call---to deal with all of these different areas of law. You have many, many issues here that you want to deal with, but as you may not be aware, the Rules of JustAnswer specify that each customer ask one question in each question thread. For new questions, the customer is asked to open a new question thread, or to accept an offer of additional services. I do sincerely ***** ***** any inconvenience this might cause you.

I will renew my call offer to you. Please consider accepting it. You will not be limited to one area of law in the call.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug