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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16314
Experience:  Licensed Texas General Practice Attorney
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My son lives in Arizona. He and wife are having difficulty.

Customer Question

My son lives in Arizona. He and wife are having difficulty. They have two young children. She has threatened to throw him out. He is disabled and has been primary care giver. She is unemployed having been fired from a hospital job for stealing prescription pad in Jan had has been fired from two jobs since there. She has a boyfriend in Vegas who is going threw a divorce. My son is afraid she will throw him out. He would like me to pick him up. I live in California. He doesn't want to lose his kids. Question is can she throw him out? Would it be a good move for me to bring him to California? From what I understand he would not be able to bring kids.
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your son's situation. Technically she can "throw" him out, but he can reënter. That is, the property is the marital property, and until there's a court order that gives one of them the exclusive right to stay there, they both have that right. So if she were to throw him out, he could come back. If she changed the locks, he could get a locksmith to let him back in. She would need a court order to keep him from the residence.

As far as bringing the kids, he could do that, because until there's a court order regarding custody and visitation, either parent has equal rights to the kids. Note that she could then file an action immediately, seek a court order for immediate return of the kids, etc... and that could start the legal process, but there would be nothing illegal about that action.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 1 year ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

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