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evicting a adult daughter

  • Thread starter Thread starter Sandra Wagner
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Sandra Wagner

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i live in ohio and i let my 20 year old daughter move in with me as she had no wher to go, her behavier is as such i want her to move and she said she can tie it up in the courts for several months. can't i just make her leave withe out going threw the courts?
 


I AM ALWAYS LIABLE

Senior Member
Sandra Wagner said:
i live in ohio and i let my 20 year old daughter move in with me as she had no wher to go, her behavier is as such i want her to move and she said she can tie it up in the courts for several months. can't i just make her leave withe out going threw the courts?

My response:

Well, you're supposed to go through the "eviction process". That's why we have laws.

However, I firmly believe those laws were not designed for family members. I staunchly believe the laws were designed for use between disinterested landowners and their nonfamily member tenents. Some judges disagree with my views on this subject.

So, when she goes to work, throw her stuff out the front door, and change the door locks. This is the quickest and easiest method. It may not be "legal" - - but, she'll have more important issues on her mind than suing you. She'll be worried about where to get a roof over her head.

When she comes back to the house, and starts screaming at you, tell her:

"Just like you said sweety, I too can tie it up in the courts for several months. But, in the meantime, you'll need some place to live. Now, get a life and find someone else to bother."

That'll teach her to sas Mom !

Good luck to you.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
MySonsMom said:
That's awesome IAAL...I love your responses. ;)

MySonsMom

My response to MSM:

Hey, I aim to please !

How have you been ? By the way, have you moved yet ? What's going on with you and hubby ? Is everything still going as planned with the move ?

Let me know.

IAAL
 

MySonsMom

Senior Member
Still in the process. Nothing is final yet. *Hopefully*, we will be moving this summer...before school starts. That is if everything works out.

The great news is...We told the bm about the "possible" relocation, and she has agreed to let us go without going to court. We have even settled on a new visitation schedule for her.

1 week at spring break
1 week at Christmas
Every other Christmas Day
And pretty much the whole summer

And we agreed to provide the transportation.

I think the agreement is pretty fair for both her and us. What do you think?

(Even though step-son is not thrilled at all about visiting her for such long periods of time) But, what do ya do? Not much you can do with that.

MySonsMom

[Edited by MySonsMom on 04-17-2001 at 04:46 PM]
 

I AM ALWAYS LIABLE

Senior Member
My response:

Whatdayamean, there's nothing you can do ?

Hey, it's nothing that a little "Smith and Wesson" can't handle.

Glad to hear you're doing okay, and yes, the visitation agreement appears to be fair - - just have it "Blessed" by the judge; judges hate it when their orders aren't followed and a child is out of their jurisdiction without knowledge of the courts. Just be glad she didn't say "No way!" Could have been a major battle.

We live in a very mobile society. Mobility presents problems to children. It is disruptive and contrary to the goals of stability and continuity. Depending on the distances involved, it may interfere with the desired goal of "frequent and continuing contact with both parents." [Fam C §3020] As a practical matter visitation with the noncustodial parent may be reduced to major holidays and summers. Joint parenting arrangements may become impossible. It disrupts schooling arrangements, friendships, and requires the child to adjust to a new, strange, and, until familiarity is achieved, hostile environment. The decision by a parent to move some distance therefore constitutes a change of circumstance.

A parent affected by the move need not wait until the move has occurred before seeking modification of the order. [In re Marriage of Rosson (1986, 1st Dist) 178 Cal App 3d 1094, 224 Cal Rptr 250]

Always nice to hear from you.

IAAL

[Edited by I AM ALWAYS LIABLE on 04-17-2001 at 05:11 PM]
 

MySonsMom

Senior Member
Yes, we also agreed to pay for the costs of having the visitation arrangement changed in the decree...so we will definately go through our attorney to have it done the right way.

She has never done any co-parenting or been too involved in the childs life for over 11 yrs now....So their "relationship" cannot be affected too much. He (step son) has to go over there this summer for 6 weeks and is NOT HAPPY about it by any means. When he has to start going for the whole summer....it should get interesting. But, we will just play it by ear and see what happens. Who knows, we may move and she may just "adjust" to not seeing him and forfeit her time. With her, ANYTHING is possible. We're thankful now that he is old enough to stay by himself at times; it was difficult for me to PAY her (bio-mom) to watch him for us for few hours when we needed a sitter. UUUUGH!

MySonsMom

[Edited by MySonsMom on 04-17-2001 at 05:25 PM]
 

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