positivecdiff
Junior Member
What is the name of your state (only U.S. law)? Indiana
(I wrote about getting a tro a few m couple weeks ago, well I had a bad pancreatitis flare up and was in the hospital 2 days and then home in bed for 3 full days and didn't file for one. I feel it's too late now unless he says something like that again)
Quick background: married 12 years, 2 daughter's, 12 & 9. I have 2 sons from previous marriage, 19 & 15. My oldest son moved to Ohio with my parents at age 17, finished high school has been working. But previously to that stayed with me primarily.
Problem/Questions: my oldest son wants to move back here in Indiana to be with me and his siblings, plus the relationship with him and my parents is strained. My soon to be ex is a very mean person in general. He's an alcoholic and is very emotionally and verbally abusive person to me & both boys for awhile. So, we rent a house together, not that it matters but until May I was the one that paid primarily all the bills bc he refuses to work, with exception 1 year one place and 2 months at another. The place I need to move into (it goes off income for rent prices) has a 3-4 month waiting period.
1. However my understanding is this house we both rent, but with no lease, my name is in all utilities, (A) I guess it's equally both, right? My court date is 10/9, I'd like to remain in here until my new place is open, otherwise, I have to move into a 2 bedroom place (plus get a storage unit) until it's ready - then break the lease and move a second time into the 3 bedroom place. Granted I'd be in same school district but that's allot of stress on the kids. (B) Would the judge allow me and the kids to remain here even though there is no lease and he refuses to leave.
2. He is saying that my son can not move back home. He's saying he won't "allow" it, or will get a court order or something (I don't think there's any such thing.) If I say he can move in until he saves up enough money and can get into his own place, his goal. He would go right back to sharing a room with his brother. Can he not show him to move in?
3. Obviously, i know I can get a restraining order for threats, However, He's very passive aggressive. He says things under his breath or in other rooms. He calls me every name possible in front of the kids and will even bully and make fun of my sons. Can I get a tro for mental or emotional abuse to children?
Side note: A few days ago he offered to leave and let me stay with kids but one I told him that's what I wanted to do he took it back and said he didn't really mean it.
Also my son would be a huge help with the youngest kids, I do have chronic pancreatitis and at times am sick and can't do much so he could drive them to places they need to go, cook, clean, help with homework and help me, etc. I mean he's my child, if my stbx had a cold that needed to stay with us awhile I'd never fight about it. Previously his brother lived with us 3 years and his uncle 1 year.
(I wrote about getting a tro a few m couple weeks ago, well I had a bad pancreatitis flare up and was in the hospital 2 days and then home in bed for 3 full days and didn't file for one. I feel it's too late now unless he says something like that again)
Quick background: married 12 years, 2 daughter's, 12 & 9. I have 2 sons from previous marriage, 19 & 15. My oldest son moved to Ohio with my parents at age 17, finished high school has been working. But previously to that stayed with me primarily.
Problem/Questions: my oldest son wants to move back here in Indiana to be with me and his siblings, plus the relationship with him and my parents is strained. My soon to be ex is a very mean person in general. He's an alcoholic and is very emotionally and verbally abusive person to me & both boys for awhile. So, we rent a house together, not that it matters but until May I was the one that paid primarily all the bills bc he refuses to work, with exception 1 year one place and 2 months at another. The place I need to move into (it goes off income for rent prices) has a 3-4 month waiting period.
1. However my understanding is this house we both rent, but with no lease, my name is in all utilities, (A) I guess it's equally both, right? My court date is 10/9, I'd like to remain in here until my new place is open, otherwise, I have to move into a 2 bedroom place (plus get a storage unit) until it's ready - then break the lease and move a second time into the 3 bedroom place. Granted I'd be in same school district but that's allot of stress on the kids. (B) Would the judge allow me and the kids to remain here even though there is no lease and he refuses to leave.
2. He is saying that my son can not move back home. He's saying he won't "allow" it, or will get a court order or something (I don't think there's any such thing.) If I say he can move in until he saves up enough money and can get into his own place, his goal. He would go right back to sharing a room with his brother. Can he not show him to move in?
3. Obviously, i know I can get a restraining order for threats, However, He's very passive aggressive. He says things under his breath or in other rooms. He calls me every name possible in front of the kids and will even bully and make fun of my sons. Can I get a tro for mental or emotional abuse to children?
Side note: A few days ago he offered to leave and let me stay with kids but one I told him that's what I wanted to do he took it back and said he didn't really mean it.
Also my son would be a huge help with the youngest kids, I do have chronic pancreatitis and at times am sick and can't do much so he could drive them to places they need to go, cook, clean, help with homework and help me, etc. I mean he's my child, if my stbx had a cold that needed to stay with us awhile I'd never fight about it. Previously his brother lived with us 3 years and his uncle 1 year.
