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I want to kick my adult child out. She has lived here for…

I want to kick...

I want to kick my adult child out. She has lived here for over a year. Doesn't pay for anything. Has a 15 year-old child, whom she Doesn't provide for. Can I keep the child and kick her out?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No.

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

Colorado

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

I am afraid that if I kick her out, she will take the child and live in her van. He Doesn't want to live with her. I have raised him most of his life.

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Answered in 5 minutes by:
3/24/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 3,428
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

Ask Your Own Family Law Question

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

Ask Your Own Family Law Question

Yes, you can request an eviction order to have your daughter removed from your home.

Even though there isn't a written lease and she doesn't pay rent, the law still requires you to follow a formal eviction process to have her removed from the home.

You can go into the Clerk of Court office at your local courthouse and file a request for an eviction order.

Since there isn't a written lease, you should receive a hearing date for your eviction request within as little as 7 days.

Your daughter will also be served notice of the hearing, and at the hearing the judge will make a ruling and issue the eviction order.

The eviction order is enforceable by the sheriff's office and can be used to have your daughter removed from the home.

With regards ***** ***** grandchild, you would have to petition the court for temporary guardianship along with a motion for involuntary termination of parental rights.

If the court determines that the mother is providing an unsafe environment for your grandchild, abusing him/her, neglecting him/her, or failing to provide the necessities of food and shelter, then it's very possible that the court will grant your motion for guardianship.

If you decide to pursue that option, you can consider hiring a family law attorney to assist you with the process. They can file all of the necessary motions on your behalf, and appear alongside you in court and make all legal arguments for you.

You can contact the Colorado State Bar for a referral to a family lawyer in your area.

The phone number is:

***-***-****

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Family Law
Satisfied Customers: 3,428
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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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).

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