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I have an almost year old son who is disrespectful. I would…

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I have an almost...

I have an almost year old son who is disrespectful. I would like to have him removed from our home. We are a family of four; Dad, Mom, 15 and 17 year old boys. When the 17 year old turns 18, can I put him out? What if my wife does not agree?

Lawyer's Assistant: Are there any minor children in the relationship?

Just the two I mentioned 15 & 17 year old boys.

Lawyer's Assistant: Family law varies by state. What state are you in?

TN

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My wife and I have filed for a divorce but we are in the early stages. We live in the same home still. My son will turn 18 in December but it will be at least six months before our divorce is finalized. I would like to remove him when he turns 18 but I know my wife will object.

Submitted: 11 months ago.Category: Family Law
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8/1/2017
Family Lawyer: FamilyAttorney, Lawyer replied 11 months ago
FamilyAttorney
Category: Family Law
Satisfied Customers: 1,552
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 38 years
Verified

Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, contracts, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute and type your answer. If I am not here for a few minutes, that means I am typing your answer. THIS IS NOT YOUR ANSWER YET so please allow me time to type it up for you. It may take a few minutes, so please understand that. Thanks!

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Family Lawyer: FamilyAttorney, Lawyer replied 11 months ago

You may remove your child from the home, but there is a procedure to do that, which I will explain. Also, it also depends on who is getting occupancy of the house. If your wife gets exclusive use and ocupancy of the house, and the child lives with her, she will have the decision as to whether to remove the child. On the other hand, if you get the house, you will have the decision about removing the child.

When you want the child out, you can start off by asking him to leave. If your son refuses to leave, then you'll have to take legal action. Since your child will be 18 and not a minor, he will be considered to be a "licensee" or that is someone who entered and remained on the premises with permission. Now that you are withdrawing that permission, the lawful way to remove him is to serve him with a notice to quit (under these circumstances in some states this notice can be for a little as 3 days, in other as much as 30 days). If he fails to leave at the end of that time you will have to go through the procedures for eviction in your state. Once the court enters an order for him to vacate the property it will be enforced by the sheriff, using physical force if necessary.

It's unlikely the police will get involved in this. This will be considered a domestic/legal dispute and the police probably won't touch it.

Also, you want to be able to do this legally, because if you don't, believe it or not, your son can sue you for an illegal eviction.

At the time you are ready to have your son out and he's 18, you will want to consult with a landlord-tenant attorney in your area so that you do the eviction properly. One wrong notice in a landlord-tenant case means the whole process will have to start over. It's worth it to have a landlord-tenant lawyer do this for you if you get possession of the house.

Does this answer your question?

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Customer reply replied 11 months ago
You have answered the question somewhat. We rent the house from my mother-in-law but we do not have a written lease I pay 61% of the rent. I just want him out of the house after he turns 18 and until I move out. I'm sure she will allow him to come back, which I have no issues with. Can I withdraw permission if my wife does not or do we have to both agree that he is not welcome?
Family Lawyer: FamilyAttorney, Lawyer replied 11 months ago

Every piece of information helps me answer the question, so I have to make sure I get all of the information. Thanks for providing it for me. Is this all of the information? This new info can change the answer.

You would both have to agree that he's not welcome because each of you has the right to have whomever you want stay there, within reason of course, and if there's a problem, then each of you would have the right to sue the other to remove the person that they move in. In the case of your son, if you remove him, and she lets him come back, you can stand firm that you want him out; if she wants him back in, you would have to go through with an eviction case against your son -- and let the judge rule on it -- or sue your wife to get him out, if you still want him out.

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Family Lawyer: FamilyAttorney, Lawyer replied 11 months ago

Note -- it doesn't matter who pays more of the rent. That's not going to matter here. You are both tenants of your mother-in-law, and you don't need a written lease either. Both of you can have people live in the house should you desire, and either of you can have someone live there. So if you say no, and she says yes, even though you pay more of the rent than she does, you can still tell him he has to get out but she can override that if she decides she wants him to stay, in which case this would have to go to housing court in your state. At that point, you will want a landlord-tenant attorney.

We aren't allowed to refer to any particular lawyer. However, what I do here, which helps my customers tremendously, is I give you a list of lawyers in your area and I'll show you how easy it is to pick one. I have a short, easy to understand free guide and it will show you what to look for in an attorney. I will also look for LegalAid and pro bono attorneys in your area if you tell me to do that. I just need to know where to look. The bigger the city the better. My customers tell me they have found great lawyers from my information. This part is free of charge -- I do this as a courtesy to my customers here. Just let me know if you want this information.

Does this answer your question or would you like additional information?

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Customer reply replied 11 months ago
I would like additional information. I live in Nolensville (Nashville), TN, in Williamson County
Family Lawyer: FamilyAttorney, Lawyer replied 11 months ago

Sure. My pleasure. Would you like a private attorney or legal aid/pro bono?

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Customer reply replied 11 months ago
legal aid/pro bono
Family Lawyer: FamilyAttorney, Lawyer replied 11 months ago

Okay, I will be right back.

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Family Lawyer: FamilyAttorney, Lawyer replied 11 months ago

These are the best listings of legal aid/pro bono lawyers. At least, ask for a consultation. You don't have to retain anyone to get information.

https://www.justia.com/lawyers/real-estate-law/tennessee/nashville/legal-aid-and-pro-bono-services

https://www.tals.org/taxonomy/term/157

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Family Lawyer: FamilyAttorney, Lawyer replied 11 months ago

Please let me know if there’s anything else I can help you with. That includes looking for lawyers. I’m happy to do so! I’m here most of the time (usually at night!) so you can always come back and talk to me (no extra charge) after I’m rated. If I’m not here, I will get an email if you leave me a question.

Please accept my answer, and please rate my answer as one of the top three faces/stars (5, 4 or 3 stars, 5 stars would be much appreciated as I ALWAYS strive to give you 5 star service!). This can be found AT THE TOP OF THE PAGE and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find lawyers. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. I have given you the benefit of my legal knowledge and 37 years of experience as well as my time.

Feel free to come back here for a follow-up question based on this one.
You're welcome to ask follow-up questions at any time, any day after I'm rated, free of charge.

We are not employees of Just Answer but are independent contractors, so your rating is very important to us so that we can be reimbursed for our work. Thank you! I'd rather be given the chance to add more information than be rated negatively, so I thank you for that.

If you want to ask for me specifically another time -- for a new question -- ask for "NYFamilyAttorney ONLY" and I will get the question. Otherwise you can come right back into this room for follow-ups, free of charge.

Best of luck to you and thank you for letting me help you today! Thanks in advance for rating me!

I strive for 5 star service every time, so if there's anything else I can do to earn that, I'm happy to do so.

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Family Lawyer: FamilyAttorney, Lawyer replied 11 months ago

I will send you my free guide, which is used for private attorneys, but it will give you some idea of what to look for in legal aid/pro bono attorneys. The other site I use is avvo dot com, which lists every lawyer in the U.S., including me.

Landlord-tenant attorneys Nashville: 19 lawyers (private attorneys)

https://www.avvo.com/search/lawyer_search?utf8=%E2%9C%93&q=landlord+tenant&loc=nashville%2C+tn

Here is my free guide:

How to choose an attorney. THIS IS HOW I WOULD PICK AN ATTORNEY IF I NEEDED ONE FOR MYSELF IN ANOTHER FIELD OF LAW.

Here's what to look for and what to avoid.

Avoid: Any red mark next to an attorney's name, such as misconduct. That usually means the lawyer was either disbarred, censured, cited for misconduct, or suspended from the practice of law.

Ignore: Ratings, such as 6.5 or 10, which is the highest. A 6.5 attorney may be even better than a 10. It's difficult to say. The site has its own formula for rating attorneys and many attorneys get a 10 because they belong to bar associations and sometimes give lectures. That does not necessarily mean they're the best when it comes to going to court.

Remember: People who charge the most aren’t necessarily the best! I know people who charged twice as much as I did and I have won cases against them easily in court. Don’t be fooled by price.

What to look for: See what the clients’ reviews state, especially in the field that you're interested in (i.e. family law, wills, custody, guardianship, etc.). That is probably going to be the most important thing. Many people have not been reviewed, but if there are a bunch of them who are, go with the ones who have multiple reviews and whose reviews are outstanding. You don't want someone who is a family lawyer but who has been rated as an excellent criminal lawyer. That won't help you. You want them rated as an excellent family lawyer if that's what you're looking for.

I would also suggest you find someone who has been practicing at least 10 years, the more the better(15-20 is even better). The site will tell you how long they're practicing law. You don't want someone just a few years out of law school to take on your tough case.

If there are hundreds of lawyers on the link I’m sending to you, you don’t have to review all of them. Just look at the first few “pages” and that will be enough. Don’t make yourself crazy looking at all of the lawyers there.

Extra suggestion:

I also suggest that you find someone who does primarily family law – if that’s what you’re looking for – or any other type of law you are looking for. For example, if you’re looking for a family lawyer (or any other type of lawyer), the site I am sending you to shows what percentage of the lawyer’s business is family law (or the other type of law you are looking for). If you want a family lawyer, you should find someone who does mostly family law cases – at least 50% -- or exclusively family law cases (100%). I am an appellate attorney who does family law cases, and I do appeals exclusively now. I list myself as doing appeals for 85% of my practice, and I show that the appeals are for family law, custody and child abuse. Someone looking for a family law appellate attorney would know that that’s what I do. So consider the percentage of work they do in the area of law that you want. If it’s 20% or something similar, and they do several types of law, you should find another lawyer. Find someone who spends most of his or her time doing the type of law you want to hire them for.

Take Action: Take a few names and make some phone calls. Ask for a free consultation -- see if you can get one. If you don't feel confident in the lawyer, find another one. That's why it's good to make a list of the ones you want, maybe 5-6 lawyers and you'll find one. It’s okay to walk out of a lawyer’s office and don’t sign anything if you’re not comfortable with the lawyer. You usually want an aggressive lawyer to help you and someone who will return phone calls.

If you can take someone with you to interview the lawyer, that would be a good idea. It’s always good to have another opinion.

You can always fire a lawyer if you're not happy but once the case is underway, you may need court permission to do so, so make sure you like the lawyer!

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Family Lawyer: FamilyAttorney, Lawyer replied 11 months ago

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Thanks!

FamilyAttorney

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