Home vs Custody Laws

[Ohiogal]

The easiest and least costly way to do this is to lock the doors and do not give her a key. If she cannot get in, then you won't have her wandering around the house.

You could tell her in writing that any future entry she makes into the home with out invitation will be criminal trespass and that you will call the police to have her arrested for that should she do it again. The make sure you do call the police on her when she does it to back up your position. Whether the police will actually arrest her for it is impossible to predict. You can expect that sending the letter will likely increase conflict between her and your husband.

You could file in court for an injunction preventing her from entering the home uninvited. Again, though, expect that going this route will increase the conflict.

Note that since she has full custody she could simply keep the kids and not return them to your husband except for whatever visitation he was granted in the court order. If he has no visitation then she could cut him off from the kids entirely until he petitions for custody/visitation with the kids. That might well spark an expensive round of litigation to resolve.

Actually her husband should state that in writing and her husband should do those things.

 

[Juliachristine05]

thank you for the advice. This is very useful. I am thinking she probably won't take the kids, since she doesn't want to take care of them now anyway. We have the kids most of the time because she doesn't actually want to take care of them.

 

[Juliachristine05]

Actually her husband should state that in writing and her husband should do those things.

Yes, that is what I figured since he owns the property.

 

[Taxing Matters]

Actually her husband should state that in writing and her husband should do those things.

Assuming she also has an ownership interest in the home, she has standing to do those things (criminal trespass warning or injunction) just as much as her husband does. Ideally they’d jointly join in those actions, but it wouldn’t be required that they do so.

Certainly the custody visitation issues would need to be pursued by the husband — she has no standing to pursue those.

 

[Zigner]

Assuming she also has an ownership interest in the home, she has standing to do those things (criminal trespass warning or injunction) just as much as her husband does. Ideally they’d jointly join in those actions, but it wouldn’t be required that they do so.

Certainly the custody visitation issues would need to be pursued by the husband — she has no standing to pursue those.

The problem will be when she is invited (or otherwise allowed) on to the property by someone who has apparent authority to do so.

 

[Taxing Matters]

The problem will be when she is invited (or otherwise allowed) on to the property by someone who has apparent authority to do so.

Which is why it is best if she and her husband are both on the same page with regard to this, as I indicated earlier.

 

[Zigner]

Which is why it is best if she and her husband are both on the same page with regard to this, as I indicated earlier.

What about kiddo? If kiddo is of sufficient age, he, too, can invite mom on to the property.

I'm not arguing with you - nothing you have said is wrong

 

[Ohiogal]

And children CAN invite others..

 

[Taxing Matters]

What about kiddo? If kiddo is of sufficient age, he, too, can invite mom on to the property.

I'm not arguing with you - nothing you have said is wrong

And children CAN invite others..

Minor children cannot invite others onto the property if their parents do not allow it unless the minor children happen to also be co-owners of the property. Minor children are, after all, under the control of their parents and have no rights of their own in their parents property.

 

[HRZ]

Laymans suggestion..the owner of the property should notice anyone they don't want on the property in writing in a manner consistent with the laws of your state..keep good safe copies of such notice to folks...if folks so noticed trespass, call the police .

Whether or not children can invite others onto the lands in the face of owners directive to not enter and trespassing complaint be sustained is a big can of worms ..and one I suggest you avoid .by careful limited instructions to children

Kids can be picked up and dropped off at sidewalk ..? avoid in home confrontations.

 

[HRZ]

AS an aside and yes, you didn't ask the question...is the ex gainfully employed or have such income producing assets such that she could pay a decent child support amount consistent with the formulas in your state ?

if yes, then dad might be smart to review his options with counsel as to seeking custody based on the long term status quo and child support based on same .

 

[Zigner]

Minor children cannot invite others onto the property if their parents do not allow it unless the minor children happen to also be co-owners of the property. Minor children are, after all, under the control of their parents and have no rights of their own in their parents property.

Mom: My 16 year old kid invited me in.
Cop: Ahh, I see. Have a nice day.

 

[Taxing Matters]

Mom: My 16 year old kid invited me in.
Cop: Ahh, I see. Have a nice day.

Father shows up: "Kid didn't have authority to invite her in, she was given prior trespass warning, I want her arrested.”
Cop to Mother: “I'm going to arrest you for trespass.”

Again, the kid does not have the power to invite people to the property if the parent has said no. The parent controls the kid, and the kid has no rights independent of the parent to invite persons on to the property.

 

[quincy]

I would hope no parent would react that way, regardless of how much they might object to the other parent being admitted to the home by the child.

 

[HRZ]

Could go either way as to trespassing and long ago I sorted thru piles of such cases in various jurisdictions . ...my point is why go there ..