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  1. #1
    fburke is offline Member
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    Being Homeless reason for Custody Change

    What is the name of your state Massachusetts

    My ex and I have joint custody of our 16 year old son she having physical. It looks like on Tuesday she will be going to court and getting evicted from her apartment for rent issues. She currently is not working and her current husband doesn’t make much money, they have already had a car repossessed recently..

    If they do get evicted they will most likely be Homeless and maybe move in with a friend of theirs with my son and there 3 year old son, she has talked about going for public housing but that could take a while because she has some legal issues that may be an issue with that…to make maters worse not related to my situation there is some marital issue there also.

    Would this situation be enough for me to partition the courts for physical custody? I have a steady job own my home and have plenty of room I may lose my home office but all 3 of my kids would have their own room.


    Thanks
  2. #2
    Isis1 is offline Senior Member
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    it seems mom has a plan to have a shelter over her head, so she won't be homeless. it is perfectly legal to apply for public housing. it is also perfectly legal to move into a friend's home.

    would moving with you cause a change in school? do you live in the child's school district?

    is mom's friend still in the school district?
  3. #3
    Proserpina is offline Senior Member
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    Quote Originally Posted by fburke View Post
    What is the name of your state Massachusetts

    My ex and I have joint custody of our 16 year old son she having physical. It looks like on Tuesday she will be going to court and getting evicted from her apartment for rent issues. She currently is not working and her current husband doesn’t make much money, they have already had a car repossessed recently..

    If they do get evicted they will most likely be Homeless and maybe move in with a friend of theirs with my son and there 3 year old son, she has talked about going for public housing but that could take a while because she has some legal issues that may be an issue with that…to make maters worse not related to my situation there is some marital issue there also.

    Would this situation be enough for me to partition the courts for physical custody? I have a steady job own my home and have plenty of room I may lose my home office but all 3 of my kids would have their own room.


    Thanks

    If she moves in with someone - even temporarily - she's not homeless.

    The same applies to shelter housing while applying for public housing.

    There is an attorney here who has been able to help parents in shelters obtain and/or retain primary physical custody of their kids.

    Edited: Post hx.
  4. #4
    fburke is offline Member
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    Her friend yes lives in the same town she does …me no…I live one town over. I am just concerned for his well being.. if this does happen they will be sharing a 1 bedroom apartment with 5 people he’ll be sleeping on the floor in a corner somewhere.

    I would rather him just come stay with me until she gets things in order…but unfortunately she wouldn’t go for that because that would mean her loosing child support even if it was only temporary.

    At 16 could he make the decision to move in with me if he chooses to? This came up one before some months ago and he asked me if this would be possiable.
  5. #5
    Isis1 is offline Senior Member
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    Quote Originally Posted by fburke View Post
    Her friend yes lives in the same town she does …me no…I live one town over. I am just concerned for his well being.. if this does happen they will be sharing a 1 bedroom apartment with 5 people he’ll be sleeping on the floor in a corner somewhere.

    I would rather him just come stay with me until she gets things in order…but unfortunately she wouldn’t go for that because that would mean her loosing child support even if it was only temporary.
    i'd really like to know..what dangerous thing could happen with sharing a 1 bedroom with five people on a temp basis?

    is he going to get electricuted? drown? join a gang? maybe die from suffocation? how is camping a danger to him?
  6. #6
    cry4me is offline Member
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    Quote Originally Posted by Isis1 View Post
    i'd really like to know..what dangerous thing could happen with sharing a 1 bedroom with five people on a temp basis?

    is he going to get electricuted? drown? join a gang? maybe die from suffocation? how is camping a danger to him?
    join a gang?? Thats to funny
  7. #7
    Proserpina is offline Senior Member
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    Quote Originally Posted by fburke View Post
    Her friend yes lives in the same town she does …me no…I live one town over. I am just concerned for his well being.. if this does happen they will be sharing a 1 bedroom apartment with 5 people he’ll be sleeping on the floor in a corner somewhere.

    I would rather him just come stay with me until she gets things in order…but unfortunately she wouldn’t go for that because that would mean her loosing child support even if it was only temporary.

    At 16 could he make the decision to move in with me if he chooses to? This came up one before some months ago and he asked me if this would be possiable.


    In your State, his aging up is not considered a change of circumstance in and of itself although if there IS that CoC, his preference will likely carry significant weight in court.

    I strongly advise you to speak with a local attorney on Monday morning. We can sit here all weekend tossing about the "yes", "no" and "maybe", but really, you need to talk to an attorney.
  8. #8
    CourtClerk is offline Senior Member
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    Quote Originally Posted by Isis1 View Post
    i'd really like to know..what dangerous thing could happen with sharing a 1 bedroom with five people on a temp basis?

    is he going to get electricuted? drown? join a gang? maybe die from suffocation? how is camping a danger to him?
    Well he's certainly not going to fall off the bed and get hurt...
  9. #9
    Proserpina is offline Senior Member
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    Quote Originally Posted by CourtClerk View Post
    Well he's certainly not going to fall off the bed and get hurt...



    That is a most EXCELLENT point!
  10. #10
    stealth2 is offline Senior Member
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    And no, he does not get to choose to move in with you.

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