Can I ask for an order removing the grandfather of my children out of the house where he lives with my wife and kids if he ...

Asked 11 months ago - Los Angeles, CA

if they smoke in the home and are both alcoholics.. ALSO , if he has been responsible for numerous police calls to the house involving arguments with other people in the neighborhood?

Attorney answers (2)

  1. Talitha Davies Wegner

    Pro

    Contributor Level 12

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    Answered . If you believe they are endangering your children, you should immediately call Child and Family Services to report the problems. (800) 540-4000

    If DCFS does not believe the problems are great enough to intervene, then you can make a request for order that there be no smoking in the home or vehicles while the children are present; no drinking while the children are present and for 8 hours prior to being with the children. If you can show that there is a problem, it is likely that a judge would make the order. I can't say that a judge would make the order for certain because this is a fact specific situation and because every judge is so different. Some judges brush off everything and others take such things very seriously when it comes to children. If you have evidence, be sure to attach it to your pleadings in the form of an exhibit.

    Good luck. I hope you get the order as your children deserve to live in a safe, smoke-free home.

    This post and any other internet postings are for informational purposes only. Internet postings are not legal... more
  2. Lee Alan Thompson

    Contributor Level 20

    Answered . Not exactly. You can file to have to have the kid live with you or to restrict or supervise the mother's time but you can't throw him out of the house. Sounds like you should be talking to an attorney.

    Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful"... more

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