6 months ago my wife and I seperated, 2 months into the seperation she asked me to move back to help with our 2 kids, since then things have gone down hill, she is having affairs, doing drugs and staying out all night. Now she wants me to move out. Only her name is on the lease since she got thr condo when we were seperated. I feel as if I need to be there for the kids. She claims she is going to call the police to have me removed. Can she do this?? I am not physical with her, don't drink, work 2 jobs.
2006-08-01 04:42:56 · 17 answers · asked by tampaflyer71 1 in Family & Relationships ➔ Marriage & Divorce
If you are still married, I don't think she can kick you out. You however should petition for divorce ASAP and get her kicked out ASAP so you can take care of the children.
2006-08-01 04:46:59 · answer #1 · answered by Otis F 7 · 2⤊ 0⤋
I would check with the laws where you live - some state require you evict someone legally even though they are not on the lease. If you can prove that you actually live there such as utility bills etc I don't think she has a leg to stand on. But a better solution would be for you to find your own place and move the kids there out of the situation they are in.
2006-08-01 04:47:59 · answer #2 · answered by middle aged and love it 3 · 0⤊ 0⤋
Yes she can call the police and have you removed but you need to call the police and report her for child endagerment considering she has drugs around the children. Get a private investigator to follow her and record her behavior that way when you go to court for custody you will have a stronger case.
2006-08-01 04:47:42 · answer #3 · answered by Anonymous · 0⤊ 0⤋
So go to court house get full custdoy of your children and if you think you need to be there. It time to take them away from junkie mother. If you don't will be too late and If you show up with paper that you have to proof that you are now full custody of that children then if you see her doing or see some in the house call the police asap and then when they show up and you can show them proof from the court that you have full custody of that children and want her to get help.
that how you do. If you work two job make sure that you have family to help you too.
2006-08-01 05:12:32 · answer #4 · answered by greenbaypackers1920 6 · 0⤊ 0⤋
Yes, she has the right to have you leave, but...If you can prove that she is unfit as a Mother than you can custody of your kids.If she is partying allot than you should have the kids anyway.Although I understand that this could be very difficult with working 2 jobs.She really needs to get help.How are the kids handling all this. They are the ones this effects most.
2006-08-01 04:50:34 · answer #5 · answered by skipper 4 · 0⤊ 0⤋
Consult an attorney. Tell him about your wife's alcohol and drug use. File for emergency custody of the children. Then even if she kicks you out you have the children. You have equal rights to the children if nothing has already been filed through the court.
2006-08-01 04:47:00 · answer #6 · answered by geni 3 · 0⤊ 0⤋
Yes, I'm afraid she can make you leave since her name only is on the lease. However, you can contact a child protective agency to inquire about your options for the children; they should not be in your estranged wife's care at this point. I wish you luck. This can be a heart wrenching situation for all involved.
2006-08-01 04:48:45 · answer #7 · answered by Decoy Duck 6 · 0⤊ 0⤋
It seems like it legally belongs to her, but you may consult someone with legal know how. I would rather that you speak to a divorce lawyer - it sounds unhealthy for those kids. You should obtain at least part custody. Don't fight in front of the kids if possible.
2006-08-01 04:47:13 · answer #8 · answered by Spiked Coffee 2 · 0⤊ 0⤋
Yes she can, but you can also go to see an attorney.
Get evidence of her drug usage. Report her to police.
She is an unfit mother.
You can actually remove her from her own home via protection order for you and your children. This is temporary, but may help til you can find adequate housing.
Talk to your local magistrate. Talk to an attorney. Do it NOW!
Good Luck!
2006-08-01 04:54:54 · answer #9 · answered by Anonymous · 0⤊ 0⤋
actually yes
she can have you removed from "her" place. since the lease in in her name she has teh right to say who can be in the place and who cannot. If she does not want you there you will be leaving - either by yourself or by the police. Not a good situation
2006-08-01 04:50:52 · answer #10 · answered by smartypantsmbcanada 3 · 0⤊ 0⤋
When push comes to shove you have your children to think about! tell her your going to go to a social worker and request that she be drug tested so that you can get custody, she is only doing this because she thinks she can get by with it because she has the children turn the table on her. It will either make her or break her!
2006-08-01 04:50:36 · answer #11 · answered by BlackWidow 3 · 0⤊ 0⤋