Have Legal Questions? Ask a Lawyer Now.
she was evicted from her house june 30. do not know what she is using as an address at this time.
Gayle,Thank you for your follow-up. If she changed her address over to one of those locations, then she is not technically 'homeless'. What governs is whether the person remains in one location for a significant period of time or not, and whether or not she is registered to receive mail and is domiciled at a specific location. You can make a legitimate argument that she is homeless if she has no specific location and does not receive mail at a specific address.Hope that helps.
No didn't help. Is a garage considered a home for a child? Is a truck camper considered a home for a child? She can give a cardboard box at a residence as her address. So what qualifies as homeless. When I had to get my grand the fact that daughter was sleeping on various people's couches considered her homeless.
Gayle,A garage, if the garage is zoned for residential use and is up to code as a residential unit, can be a home for a child. A truck camper, if it is a permanent structure, can likewise be considered a proper unit if there is enough space within the camper--truck campers can be tiny and can be respectable in size. So in terms of the garage while it is unlikely that the premises are zoned as formal premises, it is still possible and without more information it is tough to give you a direct yes/no. I do agree you can claim it is not a fit property and can demand that she provide you with zoning proof that it is a fit and up to code dwelling and not just a converted shack. Similarly a truck camper, if not a permanent structure, would be deemed to be unacceptable and unfit for the use of the child.Good luck.
The garage is a garage. Zoned to park vehicles. I never referred to this as a "legally converted structure". The trailer is a shell that fits on a truck bed and is sitting on supports (car jacks) to keep it off the ground. Cab over camper - not a motor home. There is no way this can be put on any permanent foundation. It normally sits in the bed of a truck.
Gayle,My apologies on the assumptions, I was simply hedging my answer without knowing more information. A garage that is still a garage is not fit for raising children, and neither is a cab over a camper because neither are permanent structures and neither have space or habitability requirements. Then you can claim her as homeless as part of your petition.Good luck.
child is 5. right now she is sharing bedroom with dad when she is here. HUGE bedroom. Will court disapprove of that? We can easily convert family room into a bedroom - already did an evaluation that gave 50/50. I don't know if this would even come up if dad does an emergency exparte for custody because of child's living conditions. I have a huge house. Even evaluator said that.
Gayle,A shared bedroom is not typically a problem if the child has her own bed. Parents can live in a one room unit if the premises are otherwise fit and habitable. But the courts will absolutely welcome a separate space for the child. That will only help the evaluation. This will not come up at all for an emergency ex-parte, the judge may simply perfunctorily ask if the premises are available for the child, and that would that--and if the father can show that he resides in a huge home, this would not be a viable reason to deny the ex-parte request.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).