Legal Question

[Sandy]

Hi All, been luking in the Forums awhile and finally decided to jump in! Need some legal advise... I have been living with my boyfriend for seven years and have decided to end the relationship. I was hopeful that I could stay in another room in the house until a loan came thru but he told me to get out of the house Monday night.

Here is the problem, I have a fifteen year old son who is at the house with him. My son's father is somewhere in Michigan so I assume my boyfriend has no legal rights? However, he called my mom last night in Tennessee and has talked of getting custody of my child. I went to a hotel Monday night and stayed at a girlfriends house last night. I need to get some clothes tonight. Should I call the police and have them escort me so I can prove I am not abandoning my child? Does anyone know of a time limit for deserting? My son does not want to go with me and I am hopeful that by the weekend I will be able to rent two rooms from a friend of mine and if I have to physically take him with me, I am just scared how it looks in the meantime.

 

[Sharon]

Who owns/rents the house?

 

[2ndAmendment]

Let me preface by saying, I am not a lawyer. You should get one, if your ex persists.

In my opinion, you should have never left without your son. BAD move. Technically, I think you may have already abandoned him already. Go get him now. Take him to the motel, separate beds at least, separate rooms is better.

Boy friend has NO right to your kid. But he can make your life miserable in court. Get out, get your kid out, stay out.

 

[cattitude]

not a lawyer either

But worked in law office for YEARS....

go get the child NOW! Court will not be interested in mitigating circumstances. They will only see that you did NOT take he child with you. Bad environement for you but not the child??? Hmmnnn...get my drift??

 

[SxyPrincess]

If your ex has ever been violent towards you, you have the right to obtain an ex-parte. You will (more than likely) be granted temporary custody of the living quarters until your trial. (Usually within a week) You have the right to live in the house because you have established a residence. It may be an uncomfortable situation and the best thing would probably be to get out.

If your ex has never harmed you, then maybe the two of you could come into agreement about the living arrangements. He has absolutely no right to your son, regardless of how long the two of you were together. If your son does not want to go with you...too bad! He's yours and he's under age and does not have a choice.

Good luck!

 

[Sandy]

Sharon, the house is actually owned by his mother. He was in a motorcycle accident years ago and it was put in her name because he had no medical insurance.

2nd Amendment I understand what you are saying. However, my son beat feet and was no where to be found, probably on purpose when I was thrown out Monday night.

 

[KBlues]

I agree with 2nd Amendment. Get your son, and hit the road and don't look back. If your name is on that house, and you have moved out, get a lawyer to get your name off of everything. If not, you are still legally responsible for everything, including any rental leases (Trust me, I know this through experience).

Call the cops, get an escort, go over there, get your clothes and other personal belongings, get your son and get out.

Your boyfriend has no rights when it comes to YOUR son, unless he adopted him.

 

[Sandy]

Thanks you all for your advise. BchBns I may have to check into staying for the addl 30 day's as I am flat broke right now. It might be hell, but there is another room I can sleep in. I will call the police when I get off work. My driver's license does state that address and I still have mail coming there until I find another residence.

 

[SeaRide]

Get your own place fast!

Ahh.. This happened to my female friend before. Here's the scenario. She packed her stuff and her son's stuff too. She tried to take her son with her but her estranged husband grab his son out of her car and put in his uncle's truck. Husband's uncle drove away with her hanging on to the truck and fell off. She called the police and all that crap to get her son back. Police could do nothing about it but told her to take care of this custody problem thru court. She moved in and stay with her sister for six months. Then she moved in a townhouse with roommates for temporary until she gets her own apt. She found a 2 bedroom apartment for herself and her son. That's not all .. the apartment office told her that she can move in on that date. About one week before going to court, apartment office said sorry .. you can move in next month. So, in court, the judge asked her, " do you have a place for your son right now?" The judge is interest in what's best for the boy. So, her husband lives with his parents thus he has a place for his son. She told the judge that she got the apartment but will move in next month. Well, guess what happened? She end up having to pay child support and not have her son full time. She only gets to see her son every other weekend. Sometimes on Tuesdays or Thursdays from 5pm to 8 pm. That's it. Her son gets to live with her during the summertime only up to six weeks.
So, my advice to you is get your own place without roomies so you have a better chance at getting custody of your son providing that you don't do drugs or have no problem with the law etc. BTW, she still lives in two bedroom apt just for herself alone. Sad, huh?

 

[Sandy]

SeaRide, I have custody of my son and the man I was living with is not his father and has not adopted him. I was just interested if he (my ex-boyfriend) had any legal rights. I have taken a loan out of my 401K to start over but that is not going to be here for at least 2 more weeks. I don't have the finances to just go get a place, live paycheck to paycheck.

 

[SeaRide]

Sandy, you are right .. you mention something about your son's father living somewhere in Michigan. So you're saying you already got custody of your son through court in the past? if yes, then all you have to deal with is get your son out of the house (ur ex's mother's house) or somehow work it out with ur ex to stay a while until the loan comes thru. Now I get it about you getting the loan from 401k.

 

[Sandy]

SeaRide, yes I have had custody of him since he was 2 years old. He hasn't seen or heard from his father in 9 years. How do I post those smilies?

 

[Sharon]

Just click on the ones in the box.

 

[Sandy]

Thanks, Sharon!

 

[SeaRide]

I got custody of my kids about ten years ago. My son was three yrs old and my daughter was 11 mos. old when I got full custody. Kids' mother is living somewhere in VA. Kids' mother doesn't get to see the kids that much. Just thought I'd share that with you.

 

[bad1032]

There are certain requirements for an ex-parte.The womens shelter can give you free advise or you can go to either court house District or Circut yourself to apply for it.What it does if issued is gives you custoy of the house for up to 7 days,another hearing is scheduled in 5 to 7 days where both of you go in front of the judge and answer why there is violence in the house.It can be extended up to a year after that dtae.The police can do what they call a conservator and escort you to the house while you remove personal belongings.The boyfriend has no right to your son.If he violates the court order he can be arrested and held in jail.

 

[2ndAmendment]

SeaRide,
I think you missed that this is her ex-boyfriend not ex-husband she is concerned about now.

 

[SeaRide]

2nd Amendments

Originally posted by Sandy


Here is the problem, I have a fifteen year old son who is at the house with him. My son's father is somewhere in Michigan so I assume my boyfriend has no legal rights? However, he called my mom last night in Tennessee and has talked of getting custody of my child

I saw the words "son's father" and "custody" .. so I read it again. you are right. my mistake..(<--EDITED )

 

[2ndAmendment]

Re: 2nd Amendments

Originally posted by SeaRide

. my bad..

No problem, but "my bad?". We strive for correct English, so how about "my mistake." Sorry, that became the mutated topic of another thread.

 

[Sandy]

Thanks again, for all your comments/suggestions. I am going to go to the state police barracks after work and find out my rights. I would like to see about staying tonight and Thursday night. I'm sure I can stay at a friend's house (rent) starting Friday night and take my son with me. Maybe the police will be able to explain to my ex-boyfriend that he just can't throw me out Will talk to you all about the outcome of this situation tomorrow.

Again, thanks!