Right now I'm living with my father my family and I were evicted from our home and my husband is not allowed near my dads house. We have two children together. I'm not allowed to see, or talk to him at all. No communication what so ever. So far its been one month and he wanted to see me so he came to my parent home uninvited -my dad called the sherrifs and physically made him leave. Now he wants to put a restraining order on him and he wants me too also but I can't bring myself to do so I love him and he doesn't hit or abuse me. I am looking for a job and a home right now. He said that if I don't put this order on him he will kick me out and get a lawer to take my children away from me
? Can some one legally explain to me if this is possible. My husband and I have absolutely no criminal past not even a speeding ticket. What are my rights?

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Originally Posted by Teresa Trejo

right now im living with my father my family and i were evicted from our home and my husband is not allowed near my dads house. we have two children together. im not allowed to see, or talk to him at all. no communication what so ever. so far its been one month and he wanted to see me so he came to my parent home uninvited -my dad called the sherrifs and physically made him leave. Now he wants to put a restraining order on him and he wants me too also but i can't bring my self to do so i love him and he doesnt hit or abuse me. i am looking for a job and a home right now. He said that if i dont put this order on him he will kick me out and get a lawer to take my children away from me
? can some one legally explain to me if this is possible. My husband and I have absolutly no criminal past not even a speeding ticket. what are my rights?

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You have an absolute right to find your own residence and live there with whomever you choose.

If you prefer to live in your father's house, then he has an absolute right to set the rules. That includes the right to kick you (and your children) out if you don't follow the rules. It appears that you husband and you both knew the rules ("im not allowed to see, or talk to him at all. no communication what so ever") and decided not to follow them.

Your father cannot force you to take out a restraining order.

Your father can apply for a restraining order. If he has sufficient evidence that such an order is necessary, it will be granted and your husband will be arrested if he sets foot within X feet of your father and/or your father's property. Your father cannot get a restraining order for someone else, for example, you - you either get your own order or the order does not apply to your contact with your husband somewhere neutral.

I don't know where your husband is living but, yes, your father - and this varies by State - could attempt to gain custody of your children by PROVING that you are individually or together a danger to your children - emotionally, physically. If you can't put a roof over their heads or food in their stomachs or otherwise provide for them, yes, he might succeed.

Those are your rights.

Personally I'd be thankful to my father that my children and I aren't living in a homeless shelter or in a car - and that your father has made it possible for your children to remain with you.

In brief - you are a very ungrateful child.

For there to be a restraining order, someone either lied, or the ex is a danger or threat to someone. That is why you get restraining orders.

The ex has a right to see his children but not a right to come to your fathers home if father does not want it.

Father has no rights to take the kids unless of course he lies about you, and the court believes it.

You have the right to move out of the fathers house and live on your own.

If you live in fathers house you have to obey his rules

If you are separated you need to file in court for custody of kids, for child support and make it all legal.

Lets get this back on track.

1) You chose to move in with your father. As others have noted, he can set conditions on allowing you to move in.
2) Your (or your husband) ignored those conditions. Why I don't know. If he wanted to see the children, you could have met him away from your father's house.
3) Your father can try to get a restraining order, but unless he can prove that your husband is a danger, I doubt if one will be granted. However, your father can still prevent him from setting foot on your father's property.
4) If you refuse to request an RO, and he kicks you out, he may be able to get temporary guardianship of the children, since you have no place for them to live.

So what you need to do is get a new place to live and get out of your father's house. Thank him for helping you, but get out.

I'll add one more point. We answer questions here as we see the answers. People are entitled to their opinions. When you post here you open yourself up for any response that people feel appropriate. If you feel a response violated the rules, report it. Otherwise if you don't like the advice, ignore it. But people are entitled to their opinions.