dm
how to evict someone
my daugther's boy friend. father of her 20 month disable baby, has been living in our,( me and my husband)house, we pay for everything, utilities, ins, taxes, etc. My daugther and the boyfriend cant' find a job. They had a fight, one of many,without our knowledge, his parents and him had a restraining order issue againt my daugther, she cannot be in our house! So we moved back to our house and my daughter is living in our condo. The baby is with his parents in another city. He is comming back in a couple days. Now he can stay in our house but our daugther can't.We want him to leave our home!!!!! Help please! Thank you DM
2 Answers
suliz
Before you worry about eviction and HIS family taking out a restraining order against your daughter, did your daughter give written permission for her baby to be taken from her? If she didn't the boyfriend has committed, or colluded with his parents to commit, a crime... KIDNAP. The US goverment take this so seriously you can almost certainly get FREE legal help to have the child returned to his/her mother. I doubt if a judge asked to rule on such a serious issue would be impressed by HIM or HIS family's actions and could well overturn the restraining order for you, and you most certainly have every right to exclude him from your home. Change the locks if you need to, and call the police immediately if he tries to break in. You have a little time. Use it. The faster you move, and support your daughter in making the complaint about kidnap, the stronger your case.
| 13 years ago. Rating: 1 | |
Colleen
I'm in agreement with suliz . As long as she has full custody of the baby, this is kidnapping and yes, he needs to leave your home. Laws may be different where you are but without a signed lease, you can toss him out without notice. Involve the police if you have to (as far as him collecting his things and getting the heck out). It's good for the police to be there because this way he can't claim you withheld any of his belongings. He's responsible for removing them all.
suliz
Colleen
suliz
suliz
Colleen
| 13 years ago. Rating: 0 | |
Colleen, she doesn't need to have full custody. Neither parent has the right to remove a child from the care of the other. It happens... and if the parents agree who should look after the child that is not a crime. These two are so estranged one has taken out a restraining order on the other. Unless the mother doesn't WANT her baby, he cannot take it from her. Verbal agreements only work if the parents are on speaking terms & both happy with the arrangement for their child's care. That's why I said he would need her written agreement. It is his ONLY defence against the only crime I am aware of that US lawyers WILL take on for free. I expect some do others... I don't know. But I do know about this. The question of Custody and Contact only come up if the child is made subject to a court order, and it sounds as if this one should be.
I'm going on CT law. If one parent has full custody, the other can not take the child without permission. Shared custody, either parent can take the child unless there's a court order stating they have to ask permission. Like I said in my comment "Laws may be different where you are".
They really need to get a lawyer in on this.
They really need to get a lawyer in on this.
Unless we don't have the full story there is no court order. Without one there is no such thing as legal custody of a child by one parent rather than the other. They do need a lawyer & that is what I was suggesting, and if they can't afford it they can get it for free... or the daughter can. It is she who must contact a lawyer and get help... but it's her parents, or one of them, who asked the question so it's down to them to explain her rights to her... and they do need to act quickly.
You know I'm in the UK so I understand your doubts... the thought that the law is different here & you are right, but I do have first-hand knowledge of a case of alleged kidnap & the plaintiff is an American. The whole thing comes under The Hague Convention, to which a lot of countries, including the UK & the USA, are signatories.
I can say most definitely, the law sides with the mother 95% of the time here. So unless his name is on the babies birth certificate or he had her permission, he could not remove the baby from her (unless it was for the safety of the child). This is a mess and needs professional intervention.
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