Divorce, Family and Custody Cases Family law deals with family-related issues like marriage, spousal abuse, child custody, visitation, and child support. This section is sponsored by: RenoArtura.com | 
07-29-2008
| | Junior Member | | Join Date: Jul 2008
Posts: 3
Rep Power: 0 | | Father refuses to leave! Help! I'm writing on behalf of my mom. My mom and stepdad have both their names on the house that they live in. They are common law, and we live in Canada.
Last week, she told him to leave, because she does not want to be with him anymore (they have been together for 16 years). His treatment of the kids is questionable, so she obviously is not leaving them with him, nor is she going to leave the house with the kids. To make matters more confusing, my mom fosters, so there are four of them, and they could easily be taken away. I don't believe they will be because of her reputation with CFS.
She wrote up a proposal, to try to keep this out of court, and told him to leave last Thursday. He left, went to my stepsister's, and SHE (not him) is now pushing for 50/50 (meaning they lose the house where my mom is raising the kids), is wanting to go to court, etc.
Today, my mom got a call from my uncle saying, "He's here with her, and they refuse to leave because his name is on the deed." My mom tried calling the cops, and they said there's nothing she can do because legally he can be there, BUT HE IS NOT WELCOME. SHE HAS TOLD HIM TO LEAVE BECAUSE SHE DOES NOT WANT TO BE WITH HIM ANYMORE.
To give you a kind of idea of what kind of character my "stepdad" is, we were pretty sure he would agree to the proposal because he is too lazy to find a lawyer. But on the other hand, he is money-hungry, and is with my mom because of those finances, which is why he is not leaving now. He has pretty much brushed her off and been incredibly disprespectful of her wishes for him to leave. He walks in the house and pretends like everything's great. None of us kids have a relationship with him because he is so uninvolved and unattached from all of us.
Please help me. No one wants him there. Any suggestions? | 
07-30-2008
|  | The "Fifth" Juror | | Join Date: Mar 2005
Posts: 175
Rep Power: 10 | | Re: Father refuses to leave! Help! Wow - That is a tough situation.... I hate to say this, but unless he has done something to harm her, or otherwise done something else unlawful, it's going to be a hell of a job to get him out. Sounds to me that if his name is on the deed, he does have a legitimate and legal right to be there...
I hate to say this, but in many of these types of cases, I believe the one who does not wish to remain winds up leaving.... I'm not sure how she is going to get him out of his own house. I know you mentioned that he is not welcome - but he owns half the property.
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07-30-2008
| | Junior Member | | Join Date: Jul 2008
Posts: 3
Rep Power: 0 | | Re: Father refuses to leave! Help! The thing is, is that they both own the house. If my mom left him there with the four children, they would literally probably not eat, not have any direction to shower, brush their teeth, clean their clothes, etc., nor would he clean at all. The house and the family would fall apart, which is why she's still there. There's four of them, so she can't take them away from their home, and have nowhere. Not after everything that they've been through already before they became our foster kids.
I think she is getting a court order for separation papers, and for him to leave...? | | Domain Names Sponsor | | |
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