Results 1 to 10 of 10
  1. #1
    Join Date
    Apr 2019
    Posts
    3

    Default Can a Father Get His Kids if the Mother is Getting Evicted

    My question involves a child custody case from the State of: Maryland. This situation is complicated. The paries involved are legally married but a divorce has been filed. The mother is homless and unemployed and has been sleeping on the couch of husband on and off for the past two years. She sent their three children to him in a cab when she was evicted 2 years ago. She became upset when he wouldn't give her his tax refund (she thinks she is entilted to it) and called his job (where he is a law enforcement) and claimed that he pushed her down and caused a back injury. He has been found inccocent of all wrongdoing but can not return to his home because he can no longer trust her. He has terminated his lease and is temporarily staying with his girlfriend over the state line in Pennsylvania. In two weeks they will lock her and the children out of the the rental townhome. She has been refusing to allow him to speak or see his daughters since she called his job. They have no custody order right now because the divoce is not final. She had called and threatened him, and well as texted threats. He has all of this evience. To avoid direct confrinatiion with her, can he pick up his kids from school and then go get their stuff and his stuff before the evicion takes place so that his kids are not tossed onto the street? They would move in with his girlfriend in PA. He would be more than willing to bring the girls to her for supervised visits until she gets a sutable place to live.

  2. #2
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Can a Father Get His Kids if the Mother is Getting Evicted

    Quote Quoting Thewernis2
    View Post
    My question involves a child custody case from the State of: Maryland. This situation is complicated. The paries involved are legally married but a divorce has been filed. The mother is homless and unemployed and has been sleeping on the couch of husband on and off for the past two years. She sent their three children to him in a cab when she was evicted 2 years ago. She became upset when he wouldn't give her his tax refund (she thinks she is entilted to it) and called his job (where he is a law enforcement) and claimed that he pushed her down and caused a back injury. He has been found inccocent of all wrongdoing but can not return to his home because he can no longer trust her. He has terminated his lease and is temporarily staying with his girlfriend over the state line in Pennsylvania. In two weeks they will lock her and the children out of the the rental townhome. She has been refusing to allow him to speak or see his daughters since she called his job. They have no custody order right now because the divoce is not final. She had called and threatened him, and well as texted threats. He has all of this evience. To avoid direct confrinatiion with her, can he pick up his kids from school and then go get their stuff and his stuff before the evicion takes place so that his kids are not tossed onto the street? They would move in with his girlfriend in PA. He would be more than willing to bring the girls to her for supervised visits until she gets a sutable place to live.
    Highly likely that you are the girlfriend, am I right? Your boyfriend needs an attorney. Sounds like needs to ask for a change in the current custody orders, if there are any at this time, whatever those may be, and emergency custody of the children, most likely, but for heaven's sake, it will have to be HIM who wants this and that and does this and that in this business. No one else needs to be involved. If he's not committed enough or worried enough to do it himself, that's a bad sign. Especially for a girlfriend with no legal standing in the matter.

  3. #3
    Join Date
    Dec 2007
    Posts
    265

    Default Re: Can a Father Get His Kids if the Mother is Getting Evicted

    Living with GF while not yet divorced is not the best choice; certainly moving the children in to that house is not appropriate. If he will not paying the rent on the place his wife and children are currently living, why has he not gotten his own place?

    He needs to get with his attorney about his best course of action to get the divorce finalized. He should address what needs to be done on an emergency basis for the children too.

    Since he is in law enforcement, he should know how to retrieve his property. He should also know the risks of what is proposed with the children

    Are you the GF or wife?

  4. #4
    Join Date
    Apr 2019
    Posts
    3

    Default Re: Can a Father Get His Kids if the Mother is Getting Evicted

    Quote Quoting comment/ator
    View Post
    Highly likely that you are the girlfriend, am I right? Your boyfriend needs an attorney. Sounds like needs to ask for a change in the current custody orders, if there are any at this time, whatever those may be, and emergency custody of the children, most likely, but for heaven's sake, it will have to be HIM who wants this and that and does this and that in this business. No one else needs to be involved. If he's not committed enough or worried enough to do it himself, that's a bad sign. Especially for a girlfriend with no legal standing in the matter.
    it is he who wants his kids. There is NO custody order. She has had several recent inpatient psych stays, a criminal history of assault and is an unstable person. He was trying to do the right thing by helping her out and she had him kicked out of his own place. She separated from him years ago when she began a relationship with a man in prison and moved him into her place when he was released where she spent all of her child support and her daughter's disability money on drugs. this all has been proven and is what led to her eviction from her last place. She doesn't want to give up the kids because she wants the daughter's distality money which she uses on herself. He buys the girls everything they need, clothing, medications food ect. He had no place to go when she made the accusation, or would you have had him sleep on the street? He can't afford an attorney because he spends all of his money paying off her bills that she ran up at the other townhome and paying for his kids to have food and clothing. He can never go back there because what happens when he doesn't do what she wants and she accuses him of doing something else and he loses his job? He doesn't want his kids on the street. They are his life and he wants them safe. Instead of attacking me, please offer advice because that is all we are asking for.

    he had no other place to go. His only living family left lives in Virginia. He had no other choice other than living on the street. the place where his children are is his place but she is squatting there now and every time he tried to get her to leave she accuses him of abuse, and in Maryland that can cost him his job. in two weeks the locks will be changed. All his wants is to go get his kids before that happens. she is not on the lease. It's not her place. She is squatting there now. It's his place.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,206

    Default Re: Can a Father Get His Kids if the Mother is Getting Evicted

    Quote Quoting Thewernis2
    View Post
    it is he who wants his kids. There is NO custody order. She has had several recent inpatient psych stays, a criminal history of assault and is an unstable person. He was trying to do the right thing by helping her out and she had him kicked out of his own place. She separated from him years ago when she began a relationship with a man in prison and moved him into her place when he was released where she spent all of her child support and her daughter's disability money on drugs. this all has been proven and is what led to her eviction from her last place. She doesn't want to give up the kids because she wants the daughter's distality money which she uses on herself. He buys the girls everything they need, clothing, medications food ect. He had no place to go when she made the accusation, or would you have had him sleep on the street? He can't afford an attorney because he spends all of his money paying off her bills that she ran up at the other townhome and paying for his kids to have food and clothing. He can never go back there because what happens when he doesn't do what she wants and she accuses him of doing something else and he loses his job? He doesn't want his kids on the street. They are his life and he wants them safe. Instead of attacking me, please offer advice because that is all we are asking for.

    he had no other place to go. His only living family left lives in Virginia. He had no other choice other than living on the street. the place where his children are is his place but she is squatting there now and every time he tried to get her to leave she accuses him of abuse, and in Maryland that can cost him his job. in two weeks the locks will be changed. All his wants is to go get his kids before that happens. she is not on the lease. It's not her place. She is squatting there now. It's his place.
    The problem is that the only place he can take his children is to live with another woman while he is still technically married to their mother AND its in another state. He isn't paying rent now, why doesn't he just rent another place?

  6. #6
    Join Date
    Dec 2007
    Posts
    265

    Default Re: Can a Father Get His Kids if the Mother is Getting Evicted

    The language of the posting is not typical of a post by the principle party. Dad needs to get off of his tush and get to his attorney; if the attorney is unresponsive, get another one.

    He does have a choice. Dad has a job; he should go to his financial institution, union, family, whatever and whoever and get a loan to get a place to live.

  7. #7
    Join Date
    Apr 2019
    Posts
    3

    Default Re: Can a Father Get His Kids if the Mother is Getting Evicted

    Quote Quoting OKisNotOK
    View Post
    The language of the posting is not typical of a post by the principle party. Dad needs to get off of his tush and get to his attorney; if the attorney is unresponsive, get another one.

    He does have a choice. Dad has a job; he should go to his financial institution, union, family, whatever and whoever and get a loan to get a place to live.
    I'm sorry i ever posted here...you seem to be more about attacking than giving legal advice. Fyi...the language seems to be more of a chat board than an attorney.

  8. #8
    Join Date
    Oct 2016
    Posts
    4,001

    Default Re: Can a Father Get His Kids if the Mother is Getting Evicted

    Notice: Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice.

    You might have missed this at the bottom of the page you posted on.

  9. #9
    Join Date
    Dec 2007
    Posts
    265

    Default Re: Can a Father Get His Kids if the Mother is Getting Evicted

    OP, Your posts are in the third person which is unusual for an individual asking his own questions.

    People who responded to your posts took the time to read two fairly long posts of a format indicating the poster was either careless or had communications difficulties. You will get personal observations often with the personal experiences of individuals in similar situations. You should be grateful for the unbiased opinions

    A person who is committing adultery with the issues you have with the wife regarding the children needs professional assistance.

    If you want purely legal advice, contact your attorney.

  10. #10
    Join Date
    Jul 2018
    Posts
    2,365

    Default Re: Can a Father Get His Kids if the Mother is Getting Evicted

    Quote Quoting Thewernis2
    View Post
    can he pick up his kids from school and then go get their stuff and his stuff before the evicion takes place so that his kids are not tossed onto the street?
    We have no way of knowing what abilities this person has. If your intent was to ask about legalities, you said there's no custody order in place, so both parents should have equal rights regarding the children. Dad can pick them up one day, and mom can pick them up the next day, until the court enters a final order or someone seeks and the court enters a temporary order pending the final order. As far as "get[ting] their stuff and his stuff," your post seems to suggest that the "stuff" is located in a place for which the man in question is a tenant. If that's the case, then he should have the legal right to enter the premises.


    Quote Quoting Thewernis2
    View Post
    They would move in with his girlfriend in PA. He would be more than willing to bring the girls to her for supervised visits until she gets a sutable place to live.
    For starters, when a divorce is pending, it is usually illegal for either parent to remove minor children of the marriage out of state without a court order or the other parent's written permission. Additionally, it is very close to the end of the school year, so he needs to give some serious thought to how this contemplated action will impact his children's education.

    Before doing anything, this man should be seeking advice from his/an attorney.

    1. Sponsored Links
       

Similar Threads

  1. Enforcing Custody Orders: Mother is Hiding the Kids from Their Father
    By anolan2@asu.edu in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 04-12-2016, 09:45 AM
  2. Custody and Visitation Issues: Father Says Unless Mother Comes Back to Him She Can't See Kids
    By msladya in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 08-22-2013, 07:43 PM
  3. Removal (Deportation) and Reentry: Father and Son Deported Mother and U.S. Citizen Kids to Follow
    By Supermanny in forum Immigration Issues
    Replies: 1
    Last Post: 08-26-2010, 09:00 AM
  4. Eviction Process: Disabled Mother With Six Kids Being Evicted
    By msaishacook in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 03-04-2010, 05:55 PM
  5. Mother Not Allowing Father to See Kids
    By mollieg2003 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 04-13-2009, 08:05 PM
 
 
Sponsored Links

Legal Help, Information and Resources