Legal Question in Family Law in California

I just asked this question and an attorney answered with the rudest response. Here is the question again and I would like a legal response from someone who would respect my asking and treat me with respect. Question: My ex husband has been having our son go into my home when he knows I am not there. What are my rights here I come home to find my doors open and gate open to the world too not to mention I have no idea if my ex walked in my house as well. I have my computer personal papers ect in my home..privacy I should have privacy in my home.

My son is only 9 he should not be in a house unattended and especially following who knows what orders from dad. It puts our son in a terrible situation. What are my legal rights or legally how can I prevent this from happening in future.

PS Last attoney responsed with this answer "WHat would you rather do have your ex drop your kid off with Charles Manson?" That response was rude and he didnt read my question right either..my ex isnt dropping my son off my ex is having my son go into my home when I am not there and then going back to dads house on dads visitation day. Also a 9 year old shouldnt be dropped off home alone anyways....rude rude attorney please someone respect my question with a dignified response


Asked on 4/30/11, 11:24 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

I apologize to you for my colleague's comments, which I agree were inappropriate. I would suggest that you change the locks on your house to prevent this from happening. I agree that your child should not be unsupervised. You should attempt a discussion with your ex- again, and explain that this is inappropriate, unlawful, and could subject him and you to potential prosecution for child endangerment and more for leaving him alone. If this doesn't work, you might have to seek the intervention of the courts to modify his visitation schedule. You might also seek the help of a family law attorney in your community. The cost of the attorney's limited services might be worth it, considering the potential legal ramifications you might face because of having an unsupervised 9-year old in your home.

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Answered on 5/01/11, 12:25 pm

I agree the response was rude and inappropriate, but you need to bear in mind that you are really wasting attorneys pro bono resources here. You don't have a legal question here. The real question is why is your 9 year old able to get into your house when you are not there and he is supposed to be with your ex? That is not a legal problem, that is a problem with you not properly securing your house. As Mr. Cohen said, change your locks. I would add that if that is not enough, you need a security review of the structure, not a legal opinion, most police departments will give you one for free.

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Answered on 5/02/11, 11:48 am


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