son and daughter in law seperation

[socal50]

What is the name of your state? Calif
My daughter in law has kicked my son out of the home that they live in ( but her parents own it )....if they are married and his possesions are there can she lawfully kick him out ? If he were to go back and she called police would he have to leave ? Im confused about the legalitys since they are married and he does pay the rent.

[IndyDad1on1]

Has anything been filed in court?

Is there a court order preventing him from contacting her or going to the residence?

How long has it been since she kicked him out?

Are there any police reports currently involving domestic disputes?

[socal50]

Originally Posted by IndyDad1on1

Has anything been filed in court?

Is there a court order preventing him from contacting her or going to the residence?

How long has it been since she kicked him out?

Are there any police reports currently involving domestic disputes?

No there is no court order preventing him from contacting her or going to residence

she kicked him out 10 days today

No police reports

[socal50]

Originally Posted by IndyDad1on1

Has anything been filed in court?

Is there a court order preventing him from contacting her or going to the residence?

How long has it been since she kicked him out?

Are there any police reports currently involving domestic disputes?

sorry, no nothing has been filed in court either

[IndyDad1on1]

Is the address on his license the same address in question?

[socal50]

Originally Posted by IndyDad1on1

Is the address on his license the same address in question?

no its not, but he does receive mail there in his name

[IndyDad1on1]

Well she technically doesn't have the authority to kick him out to begin with. He still lives there and they are still married with no divorce pending.

He can go back to the house. He can even continue to live there.

If she calls the police its best that he go out to the curb and wait for them to arrive. If that happens they will hear his side and hers. The best thing to do is answer the officers questions and remain completely civil.

Even if the officers ask him to leave he can ask the officers if he can collect personal items from the home.

[socal50]

Originally Posted by IndyDad1on1

Well she technically doesn't have the authority to kick him out to begin with. He still lives there and they are still married with no divorce pending.

He can go back to the house. He can even continue to live there.

If she calls the police its best that he go out to the curb and wait for them to arrive. If that happens they will hear his side and hers. The best thing to do is answer the officers questions and remain completely civil.

Even if the officers ask him to leave he can ask the officers if he can collect personal items from the home.

So the officers can ask (MAKE) him leave ?
and since it is HER parents house, can they MAKE him leave ?

[IndyDad1on1]

They can suggest. As I stated they are still married and they both have equal rights to any marital property inside and outside the house.

Her parents can evict him but based on certain factors they would need to give him notice and do so in writing.

[socal50]

Originally Posted by IndyDad1on1

They can suggest. As I stated they are still married and they both have equal rights to any marital property inside and outside the house.

Her parents can evict him but based on certain factors they would need to give him notice and do so in writing.

thanks so much ! are you in CA Indy ?
I hope he can move back in soon because he hasnt seen his son in a few days

[socal50]

Originally Posted by IndyDad1on1

They can suggest. As I stated they are still married and they both have equal rights to any marital property inside and outside the house.

Her parents can evict him but based on certain factors they would need to give him notice and do so in writing.

evict on certain factors ??

[IndyDad1on1]

Originally Posted by socal50

thanks so much ! are you in CA Indy ?

No, Indiana.

Originally Posted by socal50

I hope he can move back in soon because he hasnt seen his son in a few days

I wish I knew sooner there was a child involved.

It is important that your son keep his portion of his rights to their child. If a divorce were to come of this, the fact that he left the house and his child plays a role.

By remaining in the house till a court orders him to leave shows alot including the fact he (your son) strongly wants to retain the custody rights he currently has.

My suggestion is he move back in a continue his bond with his son. If it looks like mother and father can not work thing out, your son needs to consult a family law attorney in CA.

[socal50]

Originally Posted by IndyDad1on1

No, Indiana.




I wish I knew sooner there was a child involved.

It is important that your son keep his portion of his rights to their child. If a divorce were to come of this, the fact that he left the house and his child plays a role.

By remaining in the house till a court orders him to leave shows alot including the fact he (your son) strongly wants to retain the custody rights he currently has.

My suggestion is he move back in a continue his bond with his son. If it looks like mother and father can not work thing out, your son needs to consult a family law attorney in CA.

sorry I should have said at beginning**************but she told him to leave and put his clothes outside, if she calls the police won't he have to leave, he wants to be with his son so bad to
and has only seen him once in 10 days, we didnt even get to go to his 1st birthday yesterday because of her, don't know what to tell him since she kicked him out...please tell me more of what to do ! thanks

[IndyDad1on1]

As I stated before "She can not legally keep him out" nor can she keep him from their son, not without a court order. They are married plain and simple.

If he is concerned about returning and a possible altercation, he can go to the police department in his district and talk to an officer. He always has the right to consult an attorney.

He needs to keep in mind the longer he stays away, the harder it is to get back in.

I have given you all the advise I can on this. His options are:

1) Return to the marital house (alone or with an officer)
2) Consult an attorney in CA

[socal50]

Originally Posted by IndyDad1on1

As I stated before "She can not legally keep him out" nor can she keep him from their son, not without a court order. They are married plain and simple.

If he is concerned about returning and a possible altercation, he can go to the police department in his district and talk to an officer. He always has the right to consult an attorney.

He needs to keep in mind the longer he stays away, the harder it is to get back in.

I have given you all the advise I can on this. His options are:

1) Return to the marital house (alone or with an officer)
2) Consult an attorney in CA

thank you for all your advice !!