Legal Question in Family Law in Massachusetts

vacate order without 209A?

I own my own home and have a baby daughter. Her father comes to see her but lately has ''stayed'' beyond his welcome. I want him to leave and he will not go. I receive food stamps (not tafdc) and do not want to get in trouble. He has only been here 2 days but i am worried that i will never get him to go. Can I get a ''vacate'' order without physical abuse and 209A? he currently pays child support to me but there is not a court order. I have been trying to ''keep the peace'' but now am being taken advantage of. I do not want him living here because he drinks excessively at times and also has financial debt including $5,000 to IRS in back taxes. Please help? I cannot physically remove him myself as he weighs 240 pounds!

I have no intention of keeping him from seeing his daughter as long as he is SOBER but NEED to have him leave so i do not violate terms of receiving Food stamps. Thank you very much.


Asked on 2/02/07, 2:59 pm

2 Answers from Attorneys
John DiPiano DiPiano Godson LLP

Re: vacate order without 209A?

It's your home, and he is a guest? Ask him to leave. If he does not, you may consider contacting the local PD, explaining the situation to them, and having them ask him to leave.

Read more
Answered on 2/04/07, 10:10 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: vacate order without 209A?

A 209A petition is NOT meant for what you have in mind.

However, you can contact the local police department and have him removed. No guest is entitled to stay beyond the time when you revoke his status.

If you have any other questions, you can contact me.

Read more
Answered on 2/02/07, 3:11 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts