need help in california...

[SESmama]

Was the parenting time order COURT ORDERED? If not, he has butkus that he can scream and holler about.

Very true.

are you sure that is how trespassing works?

Yep

602.5.
(a) Every person other than a public officer or employee acting within the course and scope of his or her employment in performance of a duty imposed by law, who enters or remains in any noncommercial dwelling house, apartment, or other residential place without consent of the owner, his or her agent, or the person in lawful possession thereof, is guilty of a misdemeanor.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=602.5.

 

[blng_blng]

thanks for all the information everyone...

 

[blng_blng]

How old are the kids?

And yes, as a parent you can DICTATE a lot of things...but dictating isn't always the best way to accomplish a goal.

I can tell you, having been raised in a church (where my dad and my mom are both ordained ministers) at about 12-13 I resented the crap out of being forced to go to church every friggin' time the doors were open. And the absolute second I turned 18, I ran as hard and fast as I could from going to church and religion in general. It's taken me 20-25 years to deal with that and begin to turn back to my faith (not my church, not my religion...faith).

Legally, in laws do not have a say in what church/religion their grandchildren are required to attend.
Mom does have a legal right to voice her objections. If I were you? This is one of those situations to tread very carefully on.

thanks lady...
I was raised exactly as you were...
And it would be a far less contentious affair if the mom was not constantly bad mouthing things...
I had more of an issue with my in-laws, who I simply felt sorry for...
But my pity has limits per I was acting in my legal capacity as their father...

 

[LdiJ]

how I broke it down in the beginning is exactly what happened...
and what I mean my I will not "feel sorry" the next time, is not an implied threat violence towards my in_laws...

but, as the home owner and custodial parents of my children I was well within my right to dictate when/where they will attend church (per cali family law) and as the owner of the house could have had them removed...

I have never disrespected them, in any way, but their behavior that day was abominable...
give me a second to read all the responses, I did not expect 2 pages of them...

Re the bolded dad, the problem is that your rights are no greater than mom's in this particular scenario. You stand equal and that is what you are not seeming to understand from the wording you are using. Also, you being the homeowner is kind of irrelevant. If its the marital residence you could only have had them removed if your wife also agreed to their removal.

Maybe you don't mean to come off the way that you do, but if you said that kind of stuff in front of a judge hearing a custody issue, it could be very bad for you.

Once again, you and your wife are equal in standing. That means that you cannot dictate anything unless she concurs with you...either in regards to the children attending church or in regards to removing your in-laws from the home. Please be careful and not get yourself into a world of hurt because you don't understand your rights in regards to the equality between you and mom.

 

[CdwJava]

what about the false imprisonment?
are you sure that is how trespassing works?
I can have someone in a house I share with someone else against the other owners wishes?

If she allows the parents to remain, they are not trespassing.

If someone intentionally and knowingly impedes upon your personal liberty, they could potentially be charged with false imprisonment. If you could merely step around mom-in-law, then it wouldn't fly.

 

[CdwJava]

me an her have a parental agreement...
does that have to be court ordered?

To be enforceable by the police? Yes.

 

[CdwJava]

Yep

602.5.
(a) Every person other than a public officer or employee acting within the course and scope of his or her employment in performance of a duty imposed by law, who enters or remains in any noncommercial dwelling house, apartment, or other residential place without consent of the owner, his or her agent, or the person in lawful possession thereof, is guilty of a misdemeanor.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=602.5.

That's not "trespassing," this is unlawful entry (aka "home invasion"). The assorted trespassing statutes are found in PC 602 and will not include guests of another resident. But, if not guests and they refuse to leave, they can be charged. Trespassing can apply in the yard as well as inside.

If the OP were IN the house, and the in-laws were in there refusing to leave and without permission from the wife and other resident, then it might apply. But, if they are in the driveway or elsewhere outside, it wouldn't.

 

[Proserpina]

Thanks Java...
Just what the doctor ordered...

a: My kids never "want" to go to church, but who does? Me and my wife already have a parental agreement (proof I guess that a divorce is imminent) on what Sundays my kids will go to church with me, with her and a 50% of Holidays.

b: I was already aware of the fact that my in_laws (legally) need to mind their own flippin business. I told them then that I have never disrespected them, but they were acting really indignant that day. My mother-in-law literally stood in front of my youngest, took a very aggressive "you have to come through me" posture and essentially said you have to come through me to get to him. I knew I could have them removed via (being 50% owner of my house) trespassing, but the false-imprisonment has got me licking my chops and I hope she "goes there" again actually.

c: my wife is not really "against" church, but she does not endorse it either and her negative vibe is something the kids pick up on...

Java you knocked it out the park tho'...
"False Imprisonment" I got something for them two now...

But the gentleman in me felt sorry for them because they both are terminally ill...
But, conversely, I should not feel "bad" for doing something I am well within my legal rights to do...

Looks like my initial assessment was right, then.

Unfortunately.

 

[Ohiogal]

me an her have a parental agreement...
does that have to be court ordered?

Unless it is court ordered, it doesn't matter. YOu have nothing.

 

[Ohiogal]

Very true.





Yep

602.5.
(a) Every person other than a public officer or employee acting within the course and scope of his or her employment in performance of a duty imposed by law, who enters or remains in any noncommercial dwelling house, apartment, or other residential place without consent of the owner, his or her agent, or the person in lawful possession thereof, is guilty of a misdemeanor.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=602.5.

HEY! I didn't ask about trespassing. You confused me. OP did. I said the first part though about him having butkus without a court order.

 

[Ladyback1]

thanks lady...
I was raised exactly as you were...
And it would be a far less contentious affair if the mom was not constantly bad mouthing things...
I had more of an issue with my in-laws, who I simply felt sorry for...
But my pity has limits per I was acting in my legal capacity as their father...

ummm....if you thought or think I was posting in support of you? You are wrong

You didn't say how old the kids are, either.

Are you and mom the same religion? Are grandparents the same religion as you?
This sounds more and more of "MY GOD IS BETTER THAN YOUR GOD". You know the reason many wars have been fought and many lives have been lost...

Get the divorce now rather than later. Then follow the freaking parenting plan.

I'm telling you this: Forcing religion upon any living human being is wrong. Forcing church attendance will backfire on you in the long run.

I predict a very long and contentious few years for you and your family, simply because you don't seem willing to compromise.