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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37060
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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If mom is bouncing between boyfriends house (he lives in parents

Resolved Question:

If mom is bouncing between boyfriend's house (he lives in parents garage) and her mother's house (tiny camping trailer) does that qualify as mother being homeless? Houses are in two different counties.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you this afternoon. I believe I have assisted you in the past.

If I may ask, is there a formal location where the mother does receive mail? Is she registered anywhere with the US Postal Service? Or you do not know?
Customer: replied 1 year ago.

she was evicted from her house june 30. do not know what she is using as an address at this time.

Expert:  Dimitry K., Esq. replied 1 year ago.

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.

Customer: replied 1 year ago.

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.

Expert:  Dimitry K., Esq. replied 1 year ago.

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.

Customer: replied 1 year ago.

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.

Expert:  Dimitry K., Esq. replied 1 year ago.

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.

Customer: replied 1 year ago.

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.

Expert:  Dimitry K., Esq. replied 1 year ago.

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.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37060
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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