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No Shelter for visitation California

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  • No Shelter for visitation California

    Hi, my ex is still out of work and at the end of this month he might not have a place to live. Does he still get the kids everyother weekend if he has no place to live?

  • #2
    Originally posted by amy31 View Post
    Hi, my ex is still out of work and at the end of this month he might not have a place to live. Does he still get the kids everyother weekend if he has no place to live?
    If there is a court order allowing visits, yes he can still get the kids during his court ordered time. The only time this would be different is IF the court order specifically states that there will be no visitation in the event of father being homeless.

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    • #3
      But where are they supposed to stay? He lives in Las Vegas and I live in California I am about 3 hours south of Vegas. But if he doesn't have a house, hotel, or a friends' place to live in how is he supposed to have the kids stay the night?

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      • #4
        Originally posted by amy31 View Post
        But where are they supposed to stay? He lives in Las Vegas and I live in California I am about 3 hours south of Vegas. But if he doesn't have a house, hotel, or a friends' place to live in how is he supposed to have the kids stay the night?
        Under the circumstances you will be within your rights to ask him (in writing) exactly where he and kids will be staying. If he can't or won't give you a definate answer you can file an emergency motion asking the court to temporarily suspend visits until father has a place for kids (even a motel, or friend's place will be better than nothing).

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        • #5
          Originally posted by xena View Post
          Under the circumstances you will be within your rights to ask him (in writing) exactly where he and kids will be staying. If he can't or won't give you a definate answer you can file an emergency motion asking the court to temporarily suspend visits until father has a place for kids (even a motel, or friend's place will be better than nothing).
          So that means that I have to hire my attorney who is very expensive again! Man, I am not in a good financial situation to do that.

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          • #6
            Originally posted by amy31 View Post
            So that means that I have to hire my attorney who is very expensive again! Man, I am not in a good financial situation to do that.
            You don't have to use an attorney. Write ex an email or send him a letter by certified return recipet mail asking him to explain what his visitation plans are if he becomes homeless. Ask him to write back with his answer, including the address where he and kids will be. If he doesn't have anything planned you can use the answer and file an emergency motion.

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            • #7
              Originally posted by xena View Post
              You don't have to use an attorney. Write ex an email or send him a letter by certified return recipet mail asking him to explain what his visitation plans are if he becomes homeless. Ask him to write back with his answer, including the address where he and kids will be. If he doesn't have anything planned you can use the answer and file an emergency motion.
              OK What happens if he does't write back period then what do I do. As it is I am sueing him already for failure to pay his portion of the reposessed truck that was deemed his in the decree of divorce and he never even talked about that. But if he is still umemployed there is no point in going to the court date, but I will still go... ok so he told me today on the phone that if he doesn't get a job he will be living in his car at the end of this month so should I wait until the 15th or so to mail the letter to him?
              Thank you for all your help.

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              • #8
                Originally posted by amy31 View Post
                OK What happens if he does't write back period then what do I do. As it is I am sueing him already for failure to pay his portion of the reposessed truck that was deemed his in the decree of divorce and he never even talked about that. But if he is still umemployed there is no point in going to the court date, but I will still go... ok so he told me today on the phone that if he doesn't get a job he will be living in his car at the end of this month so should I wait until the 15th or so to mail the letter to him?
                Thank you for all your help.
                Mail the letter now to give you time to file if needed. If he doesn't right back, you can still file and use the unanswered letter as proof that you attempted to give him a chance to explain before filing.

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                • #9
                  Originally posted by xena View Post
                  Mail the letter now to give you time to file if needed. If he doesn't right back, you can still file and use the unanswered letter as proof that you attempted to give him a chance to explain before filing.
                  OK I got it. Thank you and I will do that.

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