QUESTION
Can my children and I be kicked out without notice?
Asked on Jan 04th, 2014 on Divorce - Idaho
More details to this question:
I have 2 children (2 and 8 months) with their father and we have been together 8 years. We have been having issues lately, and he kicked us out about a month ago. 3 weeks later we decided to try and make it work, with a verbal agreement that if either of us feel like it's not working, he wouldn't kick me and our children out until I found a place for us. The house is subletted from his parents and his brother occupies the basement. Things aren't working so I decided to look for other arrangements this morning. Not only would he not watch the kids so I could go, but he kicked us out again, and had his mother and brother come yell at me in front of the kids telling me what I could and could not take (they wouldn't allow me to take the beds my sons sleep in). Can they do this? How do I get papers filed so no one can pick my children up from daycare except me until we go to court?
3 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Are you married? Or just living together?
Answered on Jan 08th, 2014 at 5:26 AM
I believe that, when you are living there, the only ways you can be kicked out is if he files and eviction against you or you leave voluntarily.
Answered on Jan 08th, 2014 at 5:25 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Are you married? If not, you have less ground to stand on. Since you are renting the place from his parents, there isn't even property rights that you can ask for. If the court orders you back and him to leave, the parents will just evict you. As for not letting anyone pick up your children, sorry but he is the father and has the same right to them as you. My best advice is see an attorney now and see if you can't get him to pay some money to house you and your children.
Answered on Jan 07th, 2014 at 8:13 PM