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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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I need advice please. My wife has made numerous threat about

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I need advice please. My wife has made numerous threat about telling the cops that I have molested my daughters while we have been arguing in the past and can probably have my kids prove it. I moved out of my house 6 days ago but go daily there to feed the kids drop of milk, bread, cut the grass and maybe still walk the dogs.. Let me start from the beginning.. my step son move out one day while my wife and I was at work and for about a month he didn't contact me or her.. then I find out my wife is starting to talk to him and spending time with him which is not an issue at all until he comes with her to my shop one day after finding out he got laid of from work while living with his boyfriend. In my eyes.. he only started to come around just to keep his option open just in case he has to come back home. As you can imagine I was still hurt from him moving out without saying goodbye or giving me a reason.. so that same night while his in my home I find out that my son was going to sleep over my step sons house along with his boyfriend and I didn't feel comfortable so I had an argument with my wife along with my step son and told him to leave but he didn't while having an intense the same time his mother was defending him.. to cut the story short they left through the back door without my knowledge. I was heated of course, but later calmed down.. but an hour later I find out that my step son now accused me of molestation to his mother to make her hate me and in my eyes force her to divorce me to get rid of me. My question is now can I move back in the house even though my step son who is accusing me falsely doesn't live there any more.. I just don't want to be charged with abandonment in case we go to court in the future. What can I do??

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I am sorry to hear of your situation.


Until such time as a Court orders you out of the home you can return to the home freely. It is your house and you are allowed to live there.


With respect to abandonment. Abandonment refers to more than just leaving the home. It requires you to leave the home and leave your dependents without the essentials e.g. food, clothing and shelter. The fact you go home each to day to feed the children is indicative that you have not abandoned the family.


By leaving the residence however as part of a divorce your spouse might get the home. This is the down side of one spouse leaving. It has nothing to do with abandonment it is simply logical to allow the spouse living in the home to keep it.


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