googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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Yes , if she were to file for divorce she could request exclusive use of the marital home .
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Careful. We don't want to learn from this.
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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People, his soon to be ex's parents own the place and he is on a no lease MTM and she wants him out. It's a simple matter of a court filing (in the hardest worse case scenario) for the parents to have him removed. He has no rights to the place. If he had a lease and was on it, it would be different but he doesn't. He is living in his soon to be ex's parents house.
Come back in Feb and let us know your new address.
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GO CUBBIES!!!!
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1stimer
recently joined
Reged: 01/14/08
Posts: 17
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@Relayer - yeah I know I will be out at the end of the month at the latest but so far she has served no papers so I don't have to leave until papers are served in my recently educated opinion. I'm using the time to research rental houses. I also plan on filing first as she hasn't indicated that she has started the process yet (although she may have indeed already done so). She's just saying she wants me to leave so she can return with my (our) son. I'm thinking she has no legal right to leave the marital household with our son.
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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Quote:
@Relayer - yeah I know I will be out at the end of the month at the latest but so far she has served no papers so I don't have to leave until papers are served in my recently educated opinion. I'm using the time to research rental houses. I also plan on filing first as she hasn't indicated that she has started the process yet (although she may have indeed already done so). She's just saying she wants me to leave so she can return with my (our) son. I'm thinking she has no legal right to leave the marital household with our son.
You dont need to go anywhere until the sheriff drags you out kicking and screaming...well..dont let it go that far but until you are served, you dont need to leave. But expect it at any moment, not at the end of the month.
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GO CUBBIES!!!!
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1stimer
recently joined
Reged: 01/14/08
Posts: 17
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OK - just got served with Petition and Application for Temporary Order - which of course says she wants occupation of the house. What comes next - do I leave now or wait for an order evicting me? I've got calls in to 3 lawyers with no responses yet.
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1984raider
member
Reged: 08/13/07
Posts: 189
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Okay. At some point soon you going need place to live. Need work on that. Are they utilities in your name also?
If they are I make sure day I move out they stop.
I prefer to go to lawyer [censored] where several lawyers work and have paralegals, they tend to get things in the court quicker cause they do not have do it themselves.
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If they could have gotten along then they would not be divorced.
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1stimer
recently joined
Reged: 01/14/08
Posts: 17
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Well - just got back from my new lawyer's - he has 38 years experience. He says I don't have to leave (as it is the marital household) until served by her parent's (they own the house) with 30 days notice. He also said I need to request that my STBX bring my son home to live here until the hearing which is set for Feb 7th. She doesn't have to stay here but my son should and the judge will not look favorably toward her keeping him 45mins away from his school at her parents nor out of his normal surroundings.
And yes I will be looking for a suitable place to live in the meantime - hopefully in the same school district - I feel that is important.
And it's getting interesting eh?...
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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Quote:
Well - just got back from my new lawyer's - he has 38 years experience. He says I don't have to leave (as it is the marital household) until served by her parent's (they own the house) with 30 days notice.
Unless a judge, at the temp hearing, orders you out immediately. Her parents will probably (if not already) filed an notice of eviction.
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GO CUBBIES!!!!
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1stimer
recently joined
Reged: 01/14/08
Posts: 17
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Quote:
Quote:
Well - just got back from my new lawyer's - he has 38 years experience. He says I don't have to leave (as it is the marital household) until served by her parent's (they own the house) with 30 days notice.
Unless a judge, at the temp hearing, orders you out immediately. Her parents will probably (if not already) filed an notice of eviction.
Yep I figure they will - hell I would if I was them  And I plan on having a place to go before the hearing because the judge usually sides with the mother from what I've read. And if I do have a place to go - in the same school district there's a better chance that the judge would award me temporary custody - a slim but viable chance considering that I have undoubtedly and undeniably been my son's primary care giver.
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PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
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"He also said I need to request that my STBX bring my son home to live here until the hearing which is set for Feb 7th."
You can request but she doesn’t have to bring the child back.
It won't be held against her.
All she has to say is that she was "concerned" about her child's well-being; given your current emotional state over the divorce.
That therefore she decided "in the best interests of the child" to keep him in the stable environment of her parent's home.
I would worry if my lawyer started telling me things he/she thought I wanted to hear so early into the process.
My lawyer always says “If an attorney starts telling you how a judge will feel about something or how a judge will rule; then run, do not walk in the opposite direction.”
PS: Your child is in public school? “If” you are the child’s primary caregiver and the parent that the school has seen most, the school should have no problem w/ releasing the child to you at the end of the school day. Why pray-tell have you not just gone and brought the child home?
Anyone else think this story is starting to have a day-old fishy smell??
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Be kind, for everyone you meet is fighting a hard battle. --Plato
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