Home vs Custody Laws

[Taxing Matters]

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.

I wasn't trying to suggest it would be ideal behavior, necessarily, but simply wanted to illustrate the point that the kid's consent might not solve a criminal trespass issue for the mother once she's warned to stay out. Frankly, at some point I would likely resort to that if necessary to prevent an ex from continuing to enter my home uninvited. The ex has absolutely no business entering the home contrary to the wishes of the OP and her husband.

 

[quincy]

I wasn't trying to suggest it would be ideal behavior, necessarily, but simply wanted to illustrate the point that the kid's consent might not solve a criminal trespass issue for the mother once she's warned to stay out. Frankly, at some point I would likely resort to that if necessary to prevent an ex from continuing to enter my home uninvited. The ex has absolutely no business entering the home contrary to the wishes of the OP and her husband.

There are solutions far better than getting the police involved. I cannot imagine the harm that would be caused a child if the child's innocent actions were to result in the arrest of his mom.

 

[Ohiogal]

If there is a court order, Father has to allow Mother on to the property in regards to the court for the children unless the court order states that the children are picked up other than at the parent's home. Which brings us back to custody and the fact Mother still has it.

 

[Zigner]

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.”

You forgot the step of...Cop to Kid: "Did you allow your mother in to the house?" Kid to cop: "Yeah, I did. My dad has never said I couldn't."

Practically, this isn't going to result in an arrest.

 

[t74]

This could be avoided if the swap of the child occurs at another location. The parking lot of the police station which apparently is nearby is an option.

Parents need to get custody orders specifying that neither parent needs to be near the residence of the other to make the exchange..

 

[Taxing Matters]

You forgot the step of...Cop to Kid: "Did you allow your mother in to the house?" Kid to cop: "Yeah, I did. My dad has never said I couldn't."

Practically, this isn't going to result in an arrest.

I disagree with the contention that it would never result in arrest, even with the kid saying that. The facts matter, as does the disposition of the cop responding to the call.

 

[Zigner]

I disagree with the contention that it would never result in arrest, even with the kid saying that. The facts matter, as does the disposition of the cop responding to the call.

You're right - it would have been better for me to say this: "Practically, it's highly unlikely (although remotely possible) that this will result in an arrest.

 

[AlmostThere]

It seems to me that if is happening at regularly scheduled visitation times, you know when to expect her, and your husband (preferable) or you can answer the door, and stand in the door way.

 

[stealth2]

One wonders why the kids aren't ready & waiting?

 

[Zigner]

I get the impression that mom shows up at random.

 

[stealth2]

I get the impression that mom shows up at random.

We'll likely never know.