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Interesting Police Action

Discussion in 'Divorce, Separation, Annulment' started by Disabled Vet, Jun 3, 2010.

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  1. Disabled Vet

    Disabled Vet Law Topic Starter Active Member

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    Over at a friends house this evening. Boyfriend, Girl friend live in boyfriend cousins house. All the utilities are in boy friends name. No rental agreement, pay rent in cash. Boy friend gets mad and wants girl friend to move out. Girl friend has 4 kids. 1 child has downs (age 12) 1 child is 6 months (this child is boy friends), 1 child 9, 1 child 16. Cops come... Since there is no rental agreement the cop tells her to pack her stuff and get out. Of course one must step back, hold breath while these types of events happen. There was no fighting, yelling or anything like that just the fact he wanted her out.

    1. Can this event be used against him at custody hearing?
    2. Will there be a police report and can it also be used at custody hearing?
    3. Can she supeona the cop to the custody hearing to state her calm and willingness to leave after the cop explain to her she has no right to stay there?
    4. Was it proper for cop to leave before her exit?

    Thanks
     
    Last edited: Jun 3, 2010
  2. Proserpina

    Proserpina Moderator

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    1. Is boyfriend LEGALLY the father of these children?

    2. Possibly there will be a report. But it's hardly likely to count against either.

    3. Absolutely.

    4. It's not actionable, put it that way.
     
    Last edited: Jun 4, 2010
  3. Duranie

    Duranie Moderator

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    In most states the cops had no right to tell her to leave. She has established residency there and the boyfriend could not just kick her out. I understand the boyfriend is only the father of the baby right? Mom hopefully is getting child support for the other 3 kids. Mom should google the landlord tenant act in Indiana. I would be surprised if what the cops did was legal. This was not a criminal dispute anyways, but civil. If she is out already he needs to file for child support against the father of the baby. I cannot imagine how this will make him look good, kicking out a mom with 4 kids one special needs.

    So who is mom living with now? She now has 4 kids to take care of as a single mom. I hope she is getting some financial help.
     
  4. army judge

    army judge Super Moderator

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    The person CHOSE to leave of HER own volition.

    She could have said, no.

    The police were merely keeping the peace.

    That is one of the main duties of our police agencies, to keep the peace.

    It wasn't HER house.


    If the male isn't the father, why would he care about a custody proceeding?
    Even if he is the father, this incident has no bearing on any future proceeding.

    Yes, there will be some type of police documentation.
    It MIGHT not be a full report.
    I doubt that it would have any relevance on any future hearing.

    Litigants can subpoena anyone they desire.
    Other litigants can object to the testimony based on relevance.
    I see the police officer's testimony as having no relevance on a custody matter.

    The police restored the peace.
    I'm sure their presence was required elsewhere in the community.
    The police have no lingering duty to stay, after they have restored the peace.
     
  5. Disabled Vet

    Disabled Vet Law Topic Starter Active Member

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    ty for replies...

    He is the father of the 6 month old. That was one of the many reasons he wanted her to leave because she had filed for child support on that child just in case something was to happen between them. I was sitting on my friends porch watching this unfold, there was no yelling, fighting between the two of them. He wouldn't let her in the house until the cops got there. She did a really good job of staying calm holding the little outside in the heat until the cop came. They explained everything to the cop...... The cop looked at her and said " I am sorry but since nothing is in your name you must leave. Please get your stuff so you can leave then come back on friday and collect your stuff" This girl was floored but remained calm. The boy friend said "You come back friday and get your things" So the cop did make her leave not because of a fight or to defuse the situation but because he stated she had no legal right to be there. Which shocked me....

    Here is where they are today.. I gave my friends wife my truck and 600.00 to pay for her 1st months rent in a different house across town. Even though my life sucks from my disabilities God has bless my family and I just had this strong feeling to help this lady out. My wife and I told her when we gave her the money to think long and hard about what this man did to her before allowing him back into her life. We hope she doesn't....... I just couldn't stand the thought of this lady and her kids being without a place to stay. The girl that has downs looked soooooo scared that it honestly made me cry to see a child in fear like that. We have also told her that if she couldn't get a free attorney we would pay for one to help set up support and visitation on his daughter. I would like to see his nuts cut out because he isn't a man for what he did. Again thanks for your replies.
     
  6. Proserpina

    Proserpina Moderator

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    I think you are becoming entirely too involved in a matter that frankly does not concern you.

    The attitude you have towards Dad is NOT healthy for Mom, OR their child together.

    And understand that Mom is going to be involved with this guy for a long, long time to come. They have a child together, and both of them will be co-parenting for quite a few years.
     
  7. jharris352

    jharris352 New Member

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    The cop was completely out of line telling her to pack up and move. He had no authority to do so and should be sued. His department should be sued for lack of training. Further the Boyfriend should be sued for wrongful eviction.
     
  8. Proserpina

    Proserpina Moderator

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    While I agree with the legalities, Mom is going to have to co-parent her child with this guy for an awful long time to come. Suing him isn't exactly going to facilitate that procedure, nor the relationship between Dad and kiddo. And frankly THAT needs to be one of the (if not *the*) major consideration/s here.

    Y'know?
     
  9. Disabled Vet

    Disabled Vet Law Topic Starter Active Member

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    Proserpina,

    Just the facts... My thoughts about the father in issue is just that thoughts. My comment to the mother as posted was think long and hard about letting this man back into HER life. The other fact I posted was we would be willing to help pay for a lawyer to set up support and visitation. I fully understand they will share this child for the rest of the child's life or thiers. There is a old indian saying I once heard "It takes two to make a child but it takes the village to raise the child" If you or your car ever breaks down and you feel helpless stuck out in the middle of no where I hope someone like me stops to help you out. That is one of the many things in this world that is wrong today.... the lack of folks helping each other. I know no strangers in life and will greet everyone with open arms until they do something to change my mind. My wife and i was just talking about this lady and her kids again tonight. After reading your comments I now feel compelled to do as my wife suggested. In the morning we shall go taking them grocery shopping for a months supply.
     
  10. army judge

    army judge Super Moderator

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    Thank you for your service to our nation.

    Thank you for also serving your neighbors and community.

    If more people helped others, the planet would be a better place.

    I'm sure that lady thanks you, too.

    God bless you.
     
  11. Proserpina

    Proserpina Moderator

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    Please don't misunderstand where I'm coming from.

    I'd like to thank you for both your compassion and your service to the country. But the fact remains - this is about legalities, and legally you need to step back and let Mom handle things herself. You're only getting one side of the story - Mom's side. There are always two sides and unless you're on one of those sides of the coin you really don't know the intricacies of what's involved.

    By all means, help this young Mom. It's (all too sadly) a rarity that someone is so compassionate and generous to offer such help.

    But again, you must also know when to take some steps back. It is not your legal matter.

    On a different note - and it pains me to say this - you must also protect you and your wife from being exploited. The sad reality is it's very easy to take advantage of such kindness. Protect yourselves.
     

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