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Joined: May 2007
Posts: 20
Junior Member
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Junior Member
Joined: May 2007
Posts: 20 |
The cops in our town are saying that my daughter made an illegal entry into the house to pick up my stuff, even when she had a key and my permission. My WH, the retired Federal Marshal, called to report that she had broken into the house and the cops are on his side. I am so sick of this.
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Joined: Oct 2000
Posts: 35,996
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Joined: Oct 2000
Posts: 35,996 |
how old is your child(ren)?
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Joined: May 2007
Posts: 20
Junior Member
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Junior Member
Joined: May 2007
Posts: 20 |
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Joined: Oct 2000
Posts: 35,996
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Joined: Oct 2000
Posts: 35,996 |
well
I guess her father wants to exert his authority over his daughter rather than mend fences with her (at least for now)
if she does not live there, she does need permission of the resident to enter
if YOU are not the resident, you cannot issue permission to enter
get a court order to get your stuff back
don't put your daughter in that position again
Last edited by Pepperband; 05/17/07 01:35 PM.
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Joined: Oct 2000
Posts: 35,996
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Joined: Oct 2000
Posts: 35,996 |
it is not a matter of "taking sides"
but one of following the law or the separation agreement
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Joined: Oct 2000
Posts: 35,996
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Joined: Oct 2000
Posts: 35,996 |
by the way
is your daughter this man's child?
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Joined: May 2007
Posts: 20
Junior Member
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Junior Member
Joined: May 2007
Posts: 20 |
He is her stepfather and the house is still my legal residence.
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Joined: Oct 2000
Posts: 35,996
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Joined: Oct 2000
Posts: 35,996 |
He is her stepfather and the house is still my legal residence. Do you still live there?
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Joined: Jan 2002
Posts: 1,145
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Joined: Jan 2002
Posts: 1,145 |
I think Pep's right. My understanding is that if you are currently staying somewhere else besides the marital home (due to a temporary or permanent separation), then you must have the resident spouse's permission to enter the home. That goes for anyone else who knows you and happens to have a key.
I don't think the cops have any choice in the matter if your H has decided to press charges against his daughter. I can't imagine a dad (or step-dad) doing such a thing in this type of situation, and he'll likely regret it one day.
I definitely agree that you should get a court order to get your things back.
I'm sorry this is happening to you, SC.
Lori
ETA: You can call the local police department and request that they go with you to the house to collect your belongings. Even if they don't like you or whatever, they can't deny you assistance.
Last edited by at peace; 05/17/07 01:48 PM.
VERY HAPPY! FBS/FWS; 47yo; M-29 yrs.; DS-26,DD-21; our affairs: 1990-'96
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Joined: Oct 2000
Posts: 35,996
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Joined: Oct 2000
Posts: 35,996 |
Charity
how long have you been married to this step-dad husband of yours?
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Joined: Sep 2005
Posts: 10,044
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Posts: 10,044 |
if she still is an owner of the property and there is no order or seperation agreement... she is permitted access to the property.
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Joined: Oct 2000
Posts: 35,996
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Joined: Oct 2000
Posts: 35,996 |
if she still is an owner of the property and there is no order or seperation agreement... she is permitted access to the property. "she" did not she sent her kid prolly a mistake
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Joined: Sep 2005
Posts: 10,044
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Joined: Sep 2005
Posts: 10,044 |
a person with legal access to a building can authorize anyone to enter that property. I have feeling unless there is a piece of the puzzle missing here that the cops are just adhering to the good ole boy network and she should contact an attorney.
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Joined: Jan 2002
Posts: 1,145
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Joined: Jan 2002
Posts: 1,145 |
and she should contact an attorney. And soon! MEDC, did you see a lot of that "good ole boy network" stuff when you were on the force? Seems it'd be difficult for regular folks to fight something like that. Lori
VERY HAPPY! FBS/FWS; 47yo; M-29 yrs.; DS-26,DD-21; our affairs: 1990-'96
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Joined: Sep 2005
Posts: 10,044
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Joined: Sep 2005
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Yes... and the only reason people have a hard time fighting it is that they get intimidated.
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