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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My son is engaged to a woman who has a 13 year old son,

Customer Question

My son is engaged to a woman who has a 13 year old son, because of a confrontation my son has to leave the house of 45 days beginning October 9th. they are supposed to get married next weekend, will this make a difference in him having to leave the home. They live in Rochester NH
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Unfortunately, yes if there is a protection or restraining order against your son as it pertains to being with the 13 year old, then he still cannot be around him, even if he marries the Mother. And if the son is living in that home, he cannot go in while the son is there.
Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

Customer: replied 1 year ago.
Dear *****uel, there is no restraining or protection order, and my son is allowed to stay Thursday through Sunday. My son had a stroke on Christmas day and had short term memory loss. His girlfriend is his sole care provider, I live in south Carolina. Thursday and Fridays are his theropy days. He cannot drive at this time because he get confused and lost. My question again is does he have to leave his home? Can another judge over rule this?
Also, last night I had sent another message which cost $56.00 but have not got a reply yet. I was told you were unavailable..
Thank you,
Sheri XXXX
Expert:  Samuel II replied 1 year ago.

Thank you. I responded to this previously. And I need to know then why your son was ordered to leave the home because of the Son as you first stated and is the son going to be there?

Expert:  Samuel II replied 1 year ago.

And Sherri, I have no information concerning another deposit that you made and suggest you use the CONTACT US LINK to discuss your deposits with the administrators.

Customer: replied 1 year ago.
Thank you Samuel for you fast response. The boy is home now and going to school. He was back and forth between his father's house and his mother's home over the summer, my son has been there the whole time. The boy's father is schizophrenic and bipolar and is trying to convince his son that he needs to come and live with him of course being 13 he would love to live with his dad. His dad says that if Ryan is gone and he and his mom can get back together, which will never happen. The court date was in late August. My son has been with Shannon for 3 years and the boy was being very vulgar and abusive to his mother one night and Ryan grab his face and told him he will never speak to his mother like that again that was it. The police came but saw the child was out of hand and no charges were ever filed. No restraining order and order of protection has ever been ordered.
Thank you,
Sheri
Expert:  Samuel II replied 1 year ago.

Thank you Sheri. But to answer your question, I need to know who ordered your son to leave the home as you stated originally that your son needs to leave the home for 45 days beginning Oct 9th. So under whose order or directive is that, please?

Customer: replied 1 year ago.
I've just learned it was the guardian at litem that suggested this and the judge went along with it. the judge's name is*****
Expert:  Samuel II replied 1 year ago.

Thank you. And so it appears to be a court order. And in that case, he cannot be in the home, if that is what the order says. If the order is only against being around the son, then he can be in the home, when the son is not there or expected to be there. Otherwise, it is a violation of the order.

Thank you for getting that information.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

Customer: replied 1 year ago.
Samuel, the child can be in the home and is now in the home with them. This is where it's confusing me and Shannon. How can he be in his life, do things with them now but must leave 3 days a week starting Oct. 9 th.
Customer: replied 1 year ago.
Can this be challenge because Shannon is Ryan's sole care provider and so to be married?
Expert:  Samuel II replied 1 year ago.

The Mother of the son can file a Motion to Vacate the Order. However, according to your statement of facts here, there is a court order that your son not be in the home for 45 days beginning Oct 9th. And that Order needs to be terminated. To do that, the Mother will need to file a Motion to Vacate.

You asked if your son can ignore that order, and I suggest he should not ignore it. If he does, he can be held in contempt and possibly face jail time.

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