I wanted to make sure my younger siblings weren't around drugs and alcohol, so I was subpeanod by my moms lawyer as a witness.. how do I fight this so that it doesn't go on my renters history? Im moving into an apartment at the end of next week under my moms name, but eventually ill need to get an apartment on my own.

Hi, jessicajohns92!

You were subpoenaed as a witness for what purpose, please? Was your dad charged with a crime or maybe witnesses were needed because of something concerning a family matter like divorce?

Thanks!

My mother was trying to get custody of my minor siblings.. and since I had lived with both parents, I was called to be a witness and pretty much tell my judge how it was at both residences. My dad could have gone to jail if I had actually testifyed. The lawyers and judges were able to settle it without needing me so I left. He is an alcoholic and very often I would catch him buying my little brother tobacco and giving him beer.. I've found pot at his house.. and I just didn't want my little sister nor my little brother around that stuff because its NOT healthy. Ive never paid rent at my dads, because its my dads.. I should have had to pay rent. He never told me he was kicking me out. I just got home tonight and there was a white paper on the front door and one on my bedroom door saying I was being evicted. Is there something I can do to get it off my record, or possibly get it removed since its pretty much badgering a witness??

Should not have had to pay rent**

How were things settled in court, please?

My dad got supervised visitation, and my mom got full custody. My brother had to be returned my moms within 24 hours.. and my dad has to go to parenting classes. He refused AA.. and he has to pay all of his back child support. And start carrying my brother and sister on his insurance. That's all I know. I was at the court house waiting to talk to the judge and be questioned.. but they just came out and said it was over and I didn't have to. My mom is getting me an apartment & just putting me on the lease.. already turned in applications to a few places.. and I'm supposed to be builing renters history through this.. but I'm afraid ill get denied because of this. I live OK if that makes any difference to the laws.

If someone questions about where you live, I'm sure that you'll have enough evidence and witnesses to show them if they have a question as to why you left where you've lived.

So I should be fine?

You're over the age of 18. Correct?

Yepp I turned 18 in jan

I'm not sure of the legal age at which a person can enter into a rental contract in Oklahoma. So, that's something that you need to find out. Or, maybe someone here does know.

Are you presently employed and do you plan on attending school somewhere?

First this was not an eviction. An eviction is a court order. What your father apparently did was post a notice to vacate. This is the first step in the eviction process. The thing is he had to give you a reasonable amount of time to vacate, generally 30 days. But, if you voluntarily left, then it makes that issue moot.

Since no eviction order was filed there should be nothing on your record about it. And it is perfectly normal for an 18 yr old to move out of their parents house, so there should be no question by a new landlord about it.

Also, there is no reason for your mom to get an apartment for you. As I said, its normal for an 18 yr old to move out. Your mom may need to co-sign or guarantee the lease, but the apartment should be in your name, nor should this be a problem.

Finally, this really is a Real Estate law issue, so I'm moving it from the Other Family & People forum.

Well first did he "evict" you by going though court, and filing for an eviction, have you served and the sheriff department come out and throw you out ?

That is a real eviction, takes about one to two months at best.

If he merely told you to leave, that is a parent kicking a kid out, not a eviction.

Next there really is no "rental record" there is a credit history and a record of where you told them you lived and your landlord.

So merely tell them you lived with mom the entire time and never metion living with dad