Legal Question in Family Law in California

My sister and her husband have been arguing and a lot of it has been about her and her mother in law not talking. Her mother in law has been just really rude to her and has even been caught tossing her mail. They had a big fight today and she wants her mother in law to leave the house because she watches her daughter who is almost 7 months or so now, but her husband says he won't allow anyone in his house other than his mother to watch their baby. What would you advise her to do, as far as restraining orders and such may go? She wants to have someone that isn't her husbands mother watch the baby but can't do so because the house is under his name. She also does not feel safe with her mother in law watching the baby because she leaves the baby upstairs and sits in the garage not even watching her. What should she do? I'm pretty sure she wants a divorce.


Asked on 4/29/12, 6:55 pm

1 Answer from Attorneys
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Why doesn't she just make arrangements for someone else to watch the baby outside the home? She would need to consult with an attorney to determine whether it would be worth filing a civil restraining order against his mother, but my suggestion may resolve many of the issues. It doesn't matter whose name the house is in - they are married, and she may have a community interest in the home. Title does not control this. The problem is that they could make it rough for a stranger to watch the baby in her home by harassing them. There are child care facilities that should be able to care for the baby.

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Answered on 4/29/12, 7:20 pm


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