Legal Question in Family Law in California

mom wants 25 year old child out of home

My husband and I own a home bought 26 years ago. My daughter, 25, and her boyfriend recently moved back home (they have no money) with her dad's permission, not mine. I had her arrested (guilty of 4 drug counts one felony) for dealing/using crack and other drugs, stolen property, stolen car, loaded guns in our home 5 years ago. My husband said I was wrong and everything was fine till I called police. She is disrespectful, irresponsible, rude, lazy, a slob and her dad's pet. He allows her to swear at me and one time even hit me, saying it was my fault by using the wrong tone of voice when I asked her to pick up her dirty dishes off the den floor. Their room is locked, smells like a locker room and has badly stained and burned carpets (from a blowtorch), ants and drill holes in the furniture. They pay no rent and do not buy food. My marriage is extremely bad and my husband encourages her behaviour, takes sides and stops communication between her and me. I am trying to get a divorce. In the meantime, my daughtetr is making things worse. I want her OUT. She and her dad say it's her house and I can't kick her out. They told me to get out instead. If they would pay my rent for an apartment I would gladly leave.

How can I get her out?


Asked on 7/11/07, 2:02 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: mom wants 25 year old child out of home

This is a very difficult situation. You should report your daughter for elder abuse, or for battery. Then seek a domestic violence restraining order against her, the boyfriend and your husband. Request a kick out order for all three of them. Your husband is guilty of domestic violence by encouraging your daughter to physically and mentally abusive to you.

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Answered on 7/15/07, 2:53 am


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