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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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Experience:  Attorney experienced in numerous areas of law.
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I am divorced, we have 50/50 custody of our 15 yr. old son.

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I am divorced, we have 50/50 custody of our 15 yr. old son. we live about 2 miles apart. while my son was in my ex husbands care, his wknd to be over at dads house, my wknd to work, I come home from work and find that my son has been in my house with his friend making themselves at home, playing video games. just recently I found a sex video inside my sons laptop. I took both of them away. so just to let you know the kind of trouble my son is starting to get in to. I just had a discussion with a police officer who told me it is not against the law for my son to be in my home when I am not there, as he lives there also. I say it is my home, I am the parent, and make the rules and he is not to be in my home, when he has no right to be in there. that is an invasion of my privacy, kinda like breaking in. I did not say it was against the law, I just said its not right, and my son needs to respect my rules
Submitted: 6 years ago.
Category: Legal
Expert:  Brandon M. replied 6 years ago.

Hello there:

 

I understand the situation. What is the legal question that we can answer for you today?

Customer: replied 6 years ago.
well I guess does my son have a right to be in my home when I am not there, and he is not in my care, especially when he knows the rules
Expert:  Brandon M. replied 6 years ago.
I am very glad to help, but I just do not know what question needs answering. This forum is convenient and accessible, but it sometimes has communication challenges.
Customer: replied 6 years ago.
ok Legally does my son have a right to be in my home, when I am not there with friends, when I am not there, and he is in his dads care, I dont allow that in my home. I am sorry I can not make it any more clear than that
Expert:  Brandon M. replied 6 years ago.

That is very clear. Thank you for your patience.

 

Your son resides in the home. He happens to have two places of residence, but your home is one of them. It is therefore legally impossible for him to trespass in your home and law enforcement could not get involved even if they wanted to.

 

That said, it seems to me that dad is not doing his part under the custody order, and the proper approach may be through the family courts. Something that I might suggest to a client if they were in your situation would be to request a modification of the existing custody order requiring dad, during his custody time, to keep the son from entering your home while you are away; that way, if the son is unaccompanied at your home during dad's time, dad is in violation of the court's order (which could result in a criminal conviction for dad). This would basically put the pressure on dad to be a parent during his time.

 

Let me know if I may be of further assistance. Thank you.

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