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can my exwife's rommate kick my two year old out?

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bhouck

Junior Member
What is the name of your state (only U.S. law)?


missouri



here is the situation. my daughters mother lives with her new boyfriend and his roommate . the roommate owns the house. because he is scared that i'm gonna sue him if something happens to my daughter in his house *like a serious injury* he has refused to let my daughters mother have her in the house. there is no legal lease signed by her to live there. and he's not trying to kick her out. he's just not letting my daughter stay with her mother on the agreed 3 days a week. does he have any legitimate legal backing to him? my daughter is 2 years old and wants her mom. her mom wants her. we have agreed on a split custody that she can't fulfill because of him. is there anything about a conspiracy to cause child abandonment?(just shooting in the dark on that one) i'd really like to know cuz in order for him to allow my daughter back into the house he's requesting i sign a safety waiver. which i have refused. if there is anything i can show him that tells him what he's doing is illegal? is what he's doing illegal?
my exwife has gotte it to where if she can show him anything that says he can't he'll let her have my daughter in the house again. i'm just really worried about the emotional trauma this may cause my daughter.What is the name of your state (only U.S. law)?





thank you in advanceWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


nextwife

Senior Member
What is the name of your state (only U.S. law)?


missouri



here is the situation. my daughters mother lives with her new boyfriend and his roommate . the roommate owns the house. because he is scared that i'm gonna sue him if something happens to my daughter in his house *like a serious injury* he has refused to let my daughters mother have her in the house. there is no legal lease signed by her to live there. and he's not trying to kick her out. he's just not letting my daughter stay with her mother on the agreed 3 days a week. does he have any legitimate legal backing to him? my daughter is 2 years old and wants her mom. her mom wants her. we have agreed on a split custody that she can't fulfill because of him. is there anything about a conspiracy to cause child abandonment?(just shooting in the dark on that one) i'd really like to know cuz in order for him to allow my daughter back into the house he's requesting i sign a safety waiver. which i have refused. if there is anything i can show him that tells him what he's doing is illegal? is what he's doing illegal?
my exwife has gotte it to where if she can show him anything that says he can't he'll let her have my daughter in the house again. i'm just really worried about the emotional trauma this may cause my daughter.What is the name of your state (only U.S. law)?





thank you in advanceWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
If the owner didn't want a child there, Mom should have chosen somewhere else to live. His home, his rules- she didn't rent an apartment from him. I doubt she evr applied to be a roomate there- likely boyfriend just brought her in..

Why are you blaming him? Mom should NOT have moved in with them if having her child there would be an issue. I sure wouldn't continue to to be a roommate to someone who wouldn't want my child around. I'd be gone in a heartbeat.
 
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bhouck

Junior Member
im not blaming him.

she's been living there for almost a year now and he just recently decided to do this. he had agreed to allow her to have our daughter there on the agreed dates that have not changed. he knew and agreed to have the child there from the beginning back in april of 2009. all this is has just recently happened in the past month.
 

Just Blue

Senior Member
im not blaming him.

she's been living there for almost a year now and he just recently decided to do this. he had agreed to allow her to have our daughter there on the agreed dates that have not changed. he knew and agreed to have the child there from the beginning back in april of 2009. all this is has just recently happened in the past month.
Perhaps Mom needs to move to a place of her own.
 

nextwife

Senior Member
im not blaming him.

she's been living there for almost a year now and he just recently decided to do this. he had agreed to allow her to have our daughter there on the agreed dates that have not changed. he knew and agreed to have the child there from the beginning back in april of 2009. all this is has just recently happened in the past month.
Then something happened that freaked him out and he doesn't want the liability. Maybe mom was not diligent in watching kiddo. Has mom childproofed there?

Anyway, if mom has MTM tenancy, she may want to look for a different place.
 

bhouck

Junior Member
thank you guys for quick replies.

again im not blaming the guy at all. i understand entirely where he is coming from.

the house is childproof because i childproofed it myself before i let my daughter go there (im a protective father)

i'll make sure to let her know that moving is really the only option she has.

thank you guys again. i appreciate the feedback
 

Ohiogal

Queen Bee
Mom needs to find a new place to live. Mom can have the child there but she may find herself evicted. Why she would remain in such a place I do not know.
 

frylover

Senior Member
Why your ex would live somewhere where her child is not welcome is beyond me.

But, if you went into this man's home and essentially inspected it, then childproofed it to your liking, it's very possible you set off alarm bells in his head. You look at it as being "protective" of your child; he may see you as a crazy man who's going to sue him if kiddo bumps her head! She's older now, more mobile and getting to that age where kids get into everything if you turn your back for one second. Maybe you made him nervous.
 
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frylover

Senior Member
Mom needs to find a new place to live. Mom can have the child there but she may find herself evicted. Why she would remain in such a place I do not know.
OG, I'm curious about this. You say "Mom can have the child there." Against the wishes of the owner? I don't know if the guy has good reasons, or is just being a jerk, and I know legally it doesn't matter. But I'm surprised he has to allow anyone into his home that he doesn't want there.
 

Ohiogal

Queen Bee
OG, I'm curious about this. You say "Mom can have the child there." Against the wishes of the owner? I don't know if the guy has good reasons, or is just being a jerk, and I know legally it doesn't matter. But I'm surprised he has to allow anyone into his home that he doesn't want there.
She can have the child there as she is a resident. The owner can then evict her just like any landlord. It is NOT the smartest thing to do but it is LEGAL. Why dad won't waive the landlord of liability if the child gets hurt confuses me. If the landlord is not negligent in maintenance the landlord would NOT have liability. Mom would as the custodian of the child.

Since dad went into some one else's home and decided to child proof it himself I can understand why the landlord is worried about a lawsuit. So what exactly did this waiver state?
 

frylover

Senior Member
She can have the child there as she is a resident. The owner can then evict her just like any landlord. It is NOT the smartest thing to do but it is LEGAL. Why dad won't waive the landlord of liability if the child gets hurt confuses me. If the landlord is not negligent in maintenance the landlord would NOT have liability. Mom would as the custodian of the child.

Since dad went into some one else's home and decided to child proof it himself I can understand why the landlord is worried about a lawsuit. So what exactly did this waiver state?

Wow! The more I read here about landlords and evictions and stuff, the more I see it's just a really crummy idea to let anyone live with you!
 

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