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ex wifes house

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What is the name of your state (only U.S. law)? Ohio
This past weekend was my ex wifes weekend to have the kids. I recieced a phone call from my oldest daughter saying she was in the yard and had twisted her ankle and it was swollen and bruised. So I tell her what to do about it, keep it elevated and ice it down, and I tell her to send me a picture of it via text message. She does, and in the picture it looks like its broken. I was 30 minutes away and I tell her im on my way home now and I was going to stop in and look at it. When I get there, the front door is open but screen door is shut. So I knock, no answer. I knock again, no answer. I open the door and I call out my daughters name, 3 times. Still no answer. So I go inside, open up the door to the dining room and call her name again, this time she answers and says she's in her room. So I go in to heck on her and look at her ankle. Luckily the picture looked far worse then her ankle actually was. I notice that inside the house, there is trash on the floor, dirty cloths everywhere, used q-tips on the floor, pizza crust on the dinning room chairs and floor, 8 pikes of dog poop on the carpet wood chips on the floor from the dog chewing up the wood work in the house, stuffing from pillows and the beds all over the place 2" mold ring in the toilet, and the list goes on. I was almost in tears seeing my kids living in this filth. Anyways, im sure the kids told my ex I was there, im wanting to know if the ex would have any reprocusions against me for entering the house. I have all the messages saved from my daughter and the pictures of her ankle she sent me.
Also I took pictures of the inside to give to children services. I would have removed the hildren right then, but didn't know if I had legal right to.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Ohio
This past weekend was my ex wifes weekend to have the kids. I recieced a phone call from my oldest daughter saying she was in the yard and had twisted her ankle and it was swollen and bruised. So I tell her what to do about it, keep it elevated and ice it down, and I tell her to send me a picture of it via text message. She does, and in the picture it looks like its broken. I was 30 minutes away and I tell her im on my way home now and I was going to stop in and look at it. When I get there, the front door is open but screen door is shut. So I knock, no answer. I knock again, no answer. I open the door and I call out my daughters name, 3 times. Still no answer. So I go inside, open up the door to the dining room and call her name again, this time she answers and says she's in her room. So I go in to heck on her and look at her ankle. Luckily the picture looked far worse then her ankle actually was. I notice that inside the house, there is trash on the floor, dirty cloths everywhere, used q-tips on the floor, pizza crust on the dinning room chairs and floor, 8 pikes of dog poop on the carpet wood chips on the floor from the dog chewing up the wood work in the house, stuffing from pillows and the beds all over the place 2" mold ring in the toilet, and the list goes on. I was almost in tears seeing my kids living in this filth. Anyways, im sure the kids told my ex I was there, im wanting to know if the ex would have any reprocusions against me for entering the house. I have all the messages saved from my daughter and the pictures of her ankle she sent me.
Also I took pictures of the inside to give to children services. I would have removed the hildren right then, but didn't know if I had legal right to.
So what happened when you had a conversation with Mom about what happened. Where was mom? Why is the house so messy? Your daughter can't even pick up the poop on the floor, pick up the garbage or clean the bathroom?
 
I tried to call ex wife before I got there, no answer. So I left her a messae stating oldest daughter had gotten hurt and that our daughter called me. I tried calling her again on sunday and angain today, still no answer. Ex wife was with her boyfriend at the river according to my daughter. I only know I was 30 minutes away when she called, ex was not there then, and was not there for the 15 minutes or so I was there. She left my 5 yr old daughter in the care of my 14 yr old. I had already had a talk with the ex about this, I stated a quick trip to the grocery store or to gas station is one thing, but hours on end is unacceptable. Yes I agree they can help clean up, as I have chores for them to do when they are at my house. I actually told them they needed to help clean up. As far as speaking with mom, I haven't gotten her to answer my phone calls yet.
I just don't want mom getting me in trouble cause I came into the house. I thought my daughter needed medical attention, that is the only reason I went inside.
 

stealth2

Under the Radar Member
She left my 5 yr old daughter in the care of my 14 yr old. I had already had a talk with the ex about this, I stated a quick trip to the grocery store or to gas station is one thing, but hours on end is unacceptable.
Uuummm... not necessarily. Most 14yo's are quite capable of babysitting a 5yo for the day.
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Ohio
This past weekend was my ex wifes weekend to have the kids. I recieced a phone call from my oldest daughter saying she was in the yard and had twisted her ankle and it was swollen and bruised. So I tell her what to do about it, keep it elevated and ice it down, and I tell her to send me a picture of it via text message. She does, and in the picture it looks like its broken. I was 30 minutes away and I tell her im on my way home now and I was going to stop in and look at it. When I get there, the front door is open but screen door is shut. So I knock, no answer. I knock again, no answer. I open the door and I call out my daughters name, 3 times. Still no answer. So I go inside, open up the door to the dining room and call her name again, this time she answers and says she's in her room. So I go in to heck on her and look at her ankle. Luckily the picture looked far worse then her ankle actually was. I notice that inside the house, there is trash on the floor, dirty cloths everywhere, used q-tips on the floor, pizza crust on the dinning room chairs and floor, 8 pikes of dog poop on the carpet wood chips on the floor from the dog chewing up the wood work in the house, stuffing from pillows and the beds all over the place 2" mold ring in the toilet, and the list goes on. I was almost in tears seeing my kids living in this filth. Anyways, im sure the kids told my ex I was there, im wanting to know if the ex would have any reprocusions against me for entering the house. I have all the messages saved from my daughter and the pictures of her ankle she sent me.
Also I took pictures of the inside to give to children services. I would have removed the hildren right then, but didn't know if I had legal right to.
You didn't have any legal right to remove the kids - and you could well have been in a LOT of trouble.

As it is, you only have to deal with a possible breaking and entering charge. You have no business going into your ex's house.
 
You didn't have any legal right to remove the kids - and you could well have been in a LOT of trouble.

As it is, you only have to deal with a possible breaking and entering charge. You have no business going into your ex's house.
Even though my daughter told me to come in to her room?
Like I said I knocked, and called out to her several times. Only reason I even went there was because I thought my daughter was hurt and needed medical attention.
Otherwise I wouldn't have even gone there.
Like I said I had her send me a picture of her ankle, and it looked like it was possibly broken. But it was just the angle of the picture that made it look that way.
 

single317dad

Senior Member
Even though my daughter told me to come in to her room?
Like I said I knocked, and called out to her several times. Only reason I even went there was because I thought my daughter was hurt and needed medical attention.
Otherwise I wouldn't have even gone there.
Like I said I had her send me a picture of her ankle, and it looked like it was possibly broken. But it was just the angle of the picture that made it look that way.
Well, it's not breaking and entering, per Ohio statute:

2911.13 Breaking and entering.
(A) No person by force, stealth, or deception, shall trespass in an unoccupied structure, with purpose to commit therein any theft offense, as defined in section 2913.01 of the Revised Code, or any felony.

(B) No person shall trespass on the land or premises of another, with purpose to commit a felony.

(C) Whoever violates this section is guilty of breaking and entering, a felony of the fifth degree.
That's good. B&E is a felony. Your actions do border on criminal trespass:

2911.21 Criminal trespass.
(A) No person, without privilege to do so, shall do any of the following:

(1) Knowingly enter or remain on the land or premises of another;

(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard;

(3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;

(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.

(B) It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of a public agency.

(C) It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved, when such authorization was secured by deception.

(D)(1) Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree.
The only question in my mind is whether your daughter, a minor in residence at the property, could invite you to the property and legally call you "her guest". I'll wait for OG's take on that, as it's above my pay grade :D Either way, trespass is a misdemeanor.

Now, you've taken pictures of the conditions at the home. Those may be quite useful, or they may be totally inadmissible because you took them in the act of committing a crime.
 

LdiJ

Senior Member
Well, it's not breaking and entering, per Ohio statute:



That's good. B&E is a felony. Your actions do border on criminal trespass:



The only question in my mind is whether your daughter, a minor in residence at the property, could invite you to the property and legally call you "her guest". I'll wait for OG's take on that, as it's above my pay grade :D Either way, trespass is a misdemeanor.

Now, you've taken pictures of the conditions at the home. Those may be quite useful, or they may be totally inadmissible because you took them in the act of committing a crime.
His daughter didn't invite him in. He entered long before he got his daughter's attention.

Had he called his daughter on the phone and told her he was standing out front, and she told him to come in, then that would have been entering at her invitation.

He really should NOT have entered his ex's home without permission...and he certainly thoroughly inspected the house if he knew that the toilet wasn't clean.
 

Ohiogal

Queen Bee
I tried to call ex wife before I got there, no answer. So I left her a messae stating oldest daughter had gotten hurt and that our daughter called me. I tried calling her again on sunday and angain today, still no answer. Ex wife was with her boyfriend at the river according to my daughter. I only know I was 30 minutes away when she called, ex was not there then, and was not there for the 15 minutes or so I was there. She left my 5 yr old daughter in the care of my 14 yr old. I had already had a talk with the ex about this, I stated a quick trip to the grocery store or to gas station is one thing, but hours on end is unacceptable. Yes I agree they can help clean up, as I have chores for them to do when they are at my house. I actually told them they needed to help clean up. As far as speaking with mom, I haven't gotten her to answer my phone calls yet.
I just don't want mom getting me in trouble cause I came into the house. I thought my daughter needed medical attention, that is the only reason I went inside.
Seriously you were out of line. You do not get to dictate how long your wife can allow your 14 year old to babysit. The kids could have cleaned the house and didn't. How do you know that your daughter called her mom?

As for giving the pictures to CSB? Not going to help anything. In Re MH -- prove that is a continuous situation that negatively impacts their health and safety.
 

Ohiogal

Queen Bee
His daughter didn't invite him in. He entered long before he got his daughter's attention.

Had he called his daughter on the phone and told her he was standing out front, and she told him to come in, then that would have been entering at her invitation.

He really should NOT have entered his ex's home without permission...and he certainly thoroughly inspected the house if he knew that the toilet wasn't clean.
And his wife COULD press charges against him. I notice he mentions ONE child in this. Where was the the five year old?
 

cyjeff

Senior Member
Hours on end is a problem?

I used to HIRE 14 year olds to watch my 5 year old for hours on end.

We called it "baby sitting". It cost me 5 an hour and a freezer full of ice cream.
 

CJane

Senior Member
Hours on end is a problem?

I used to HIRE 14 year olds to watch my 5 year old for hours on end.

We called it "baby sitting". It cost me 5 an hour and a freezer full of ice cream.
I've gotta say though, if MY 14 year old paid so little attention to her and her brother's safety that she left the front door ajar, didn't notice someone walking through the house counting poop piles* and measuring toilet goo-rings*, I'd rethink her baby sitting duties.

*This post in no way acknowledges that there are poop piles OR goo rings in my house.
 

Isis1

Senior Member
I've gotta say though, if MY 14 year old paid so little attention to her and her brother's safety that she left the front door ajar, didn't notice someone walking through the house counting poop piles* and measuring toilet goo-rings*, I'd rethink her baby sitting duties.

*This post in no way acknowledges that there are poop piles OR goo rings in my house.
LOL! none in mine either! i scrub my toilet every week. and the dog is potty trained. there was that one potty training accident with the 4 year old....but i took care of that.
 

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