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  1. #1
    Join Date
    Oct 2004
    Location
    Dayton, OH
    Posts
    1

    Default My Daughter Is Being Evicted Over Her Ex's Conduct

    My daughter and grandchildren live in a government subsidized townhouse. She lives in Michigan, I live in Ohio. The father of second baby was at their house, when he starting drinking with the neighbor. My granddaughter took her kids and left. While she was gone, the father pulled a gun on the neighbor, and now she is being evicted.

    My daughter is a great mom, and this is hard for her. Can she really be evicted given that she was out of the house and had nothing to do with what the father did? If she had been at home, she wouldn’t have allowed the father's behavior.

    If she does get evicted, should I try to get custody of her kids? I want my grandchildren to be in a stable home, and I don't think my daughter can offer that if she gets evicted.

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Eviction Law

    Whether or not your daughter can avoid eviction depends upon whether or not she has a valid defense to the eviction action. That is a fact-specific determination she should make after consultation with a lawyer.

    With regard to your grandchildren, your best bet is probably to get your daughter to voluntarily leave them with you while she attempts to find a new place to live, and then to try to secure your rights to be their custodian by pursuing a legal guardianship after the kids are in your care. Your daughter may be willing to do this, particularly if it otherwise appears that the children will be placed in foster care.

    You would have to speak to an Ohio lawyer (or legal aid agency) for information on how to obtain a legal guardianship once the children have been placed with you. You can attempt to get legal guardianship through the Michigan courts, but will have to travel to the county where the children live in order to pursue that litigation, probably on multiple occasions.

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