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Can a family court judge order me to be out of my house? The house if fully paid and I have full custody of the children.

Antioch, CA |
Attorney answers 3


Your question leaves out some important details. There are many circumstances in which the Judge can order either one or both parties out of a family home, and I don't know what might account for the order in your case. It seems that you were assuming you would be able to stay in the home indefinitely because you have custody of the children, which is definitely a consideration for the Judge in deciding what to do with the family residence. There are many other concerns that can override such a request by a custodial parent, however. Since the real estate downturn, I've also found the judicial officers have become less sentimental about "the family home" and less likely to grant a request for one party to stay in the home if it does not financially make sense. You would obviously benefit from the assistance of counsel to advise you on these things before you get any more court orders that leave you wondering what happened. An attorney might or might not have been able to preserve your possession of the family home, but in the least s/he could have advised you that you might not be able to stay and the reasons why so you could have been more prepared when the order came down.

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I agree with Attorney Cottingham. Property issues and custody are very loosely connected. I think there are a lot of circumstances that need to be filled in for proper a real understanding of what happened here. If you are asking if a family law judge has the power to tell one of the parties they need to be out of the house by a date certain, yes. However, what factors and circumstances that can be done in can also be different from case to case. IF this was something that was recently done and is going to cause an extreme hardship you may need to speak to an attorney to file a "writ" to have it stayed. This is something that I would suggest you speak to an attorney about. If you are represented, you may want to get some opinions from appellate family law attorneys as for filing what we call a "writ."

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While a family court judge can do whatever he wants to do, it does not sound as if that order would be compliant under the great majority of circumstances, limited to the set of facts you have provided for my review. If you have full custody of the children I can’t imagine a rationale where he would want to remove the children from normal dwelling, neighborhood, friends and schools that they are used to. I recommend you immediately get an experienced family law lawyer.

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