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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 19132
Experience:  B.A.; M.B.A.; J.D.
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I have a recently turned 19 year old step son who lives with

Customer Question

I have a recently turned 19 year old step son who lives with us and is destroying my marriage, and devesating our 8 and 5 year old. My husband continues to drag his feet, and refuses to move forward the deadline for my stepson's moving out. He has said several times he expects the stepson to move back, which is unacceptable to me. I'm trying to find out if there is a way to expedite his removal and make sure he cannot return for the sanity of my younger children and myself. I want to keep my marriage, but get the stepson out.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: texas. it has now been documented by the 3rd graders PCP that he is struggling with depression, the school has added him into a program to connect him with a local high school senior to help offset the negative impart of his older step brother, and the kindergartener came home in trouble friday with a note that she called another student a bitch.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: the teacher said her explanation was that's what her father and older step brother call her Mom (me) when they are angry. It was heartbreaking. his father was supposed to create a formal "living agreement" but never did.
JA: Anything else you want the lawyer to know before I connect you?
Customer: is this a family law issue or a protective issue?
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 9 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 9 months ago.

I am sorry to read about your difficulties.

If your stepson is a threat to you and his siblings, you may seek for a Restraining Order.You would obtain the forms at the Clerk's office. If the Court grants your application for a Restraining Order, he would be prevented from living at the house. However, this may not sit well with your husband. So, in the end, you would need the cooperation of your husband in order to remove his son from your home.

Best wishes,

Customer: replied 9 months ago.
The RO has been something I have wondered about, but wish there was an intermediate step that created a more formal barrier, but would not completely isolate him, and my husband. Ultimately leading to what might destroy my marriage that's hanging on by a thread.As it stands now, my stepson has until Jan to move out, and at least 4 weeks between now and Thanksgiving, my husband will be away on business. My son has repeatedly brought pot onto our property despite our repeated demands he not. It's only a matter of time before his nocturnal gaming habit in the garage where he can be heard screaming, yelling, etc creates major issues with our neighbors and the HOA and I will be left to deal with the situation.
I wish there were other alternatives, ways to formalize his last 12 weeks, protect my younger children, and really save him from himself. I don't know if I have the right to kick him out as the step-parent.
I suppose this is what I get for saying yes after his mother kicked him out. I should have said no. Now we all suffer.
Expert:  Phillips Esq. replied 9 months ago.

Thank you for the information. I am truly sorry for the situation that you have found yourself in. It is a no-win situation. In any event, you cannot kick him out if your husband wants him to stay unless you go the route of obtaining a Restraining Order, which would not be good for your relationship with your husband. You may just have to wait him out and hopefully, he would be out of there before he causes major strain to your marriage.

I wish that I had better news for you.

Best wishes.

Customer: replied 9 months ago.
Because both my husband and I have careers that require 24/7 availability and worldwide travel, when our 8 year old was born with medical problems (and later 5 year old with cardiac medical issues) I had to stay home which means I have no income of my one currently. If I offered to leave the home (except to care for the children so they don't suffer additional stress) until the older son leaves, would it be unreasonable for me to request financial support? I have RA, and my depression has been documented clearly by my doctors as becoming increasingly worse. The last time things blew up was over a misunderstanding. I wanted to take the kids to the beach for tge weekend to get them out of the toxic environment. Without clarifying, before he came home he spoke with 2 attnys, and was threatening to file for divorce the next morning and swore he'd take the kids from me. That's how extreme things have become. I'm not sure how put the pressure 19 year old, (where it really belongs) who has been in jail and even was given an opportunity to have his record expunged, including the felony, buts been too lazy to do so.
I'm literally exhausted, but watching my younger children suffer for it has become unbearable
Expert:  Phillips Esq. replied 9 months ago.

If I offered to leave the home (except to care for the children so they don't suffer additional stress) until the older son leaves, would it be unreasonable for me to request financial support?

Response: No, it would not be under the circumstances.

A 5-star rating to my response is appreciated so that I can receive proper credit for responding to your post. There is no additional cost to you for giving a 5-star rating.

Thank you for your cooperation.