Legal Question in Family Law in Ohio

my daughter has been having trouble in her marriage and now her husband has told her to leave their apartment. They had separated for a very short time at the end of last year and so when the time came to renew their lease her husband signed to live there by himself but then a month later she moved back in but the lease was never changed to include her. Now her husband is stating she has to move out in 24 hrs. She has no where to live with her son and her both so if she leaves til she can get a place for her and her son is it considered abandoment of her son? And does he have the right to make her leave and have the apartment super change the locks when they are still legally married and are not legally separated and never were. Just alittle side note to see if this makes a difference, my daughter has been seeing another man in the last month, so she is cheating. Signed, Really Worried


Asked on 1/19/10, 12:23 pm

1 Answer from Attorneys
Edward DiCato Edward DiCato Attorney at Law

Because they are married I do not believe that any police department would get involved with removing her and the child. They would most likely view it as a civil matter to be dealt with by the Courts. I suggest that if things have deteriorated so far, that she get a divorce proceeding started (if she is sure that is what she wants). When a divorce is started, temporary residence, custody, support etc. are established for the pendency of the divorce proceeding. She could ask to keep the apartment and custody of the child. Please feel free to contact me if you have further questions. Edward DiCato

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Answered on 1/25/10, 7:23 am


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