[smily2014]

Hello. My husband and I was awarded physical and legal custody of his 10 year old son. His mom only has every other weekend visits and no over night visits. We just learned today that the judge order a Writ of Assistance directly the her local sheiff's department to Evict her. We all reside in Indiana and my question is: Mom has now been evicted from her home where the minor child stays when he is down for his weekend visit. Her best friend said that she is going to be moving in with her boyfriend. We have never meet the boyfriend which lives in a different down. Mom hasn't notified dad that she has been evicted or about her move. Is there anything that can be done? I know that she was suppose to give 90 notice of move to dad and the court but, that didn't happen. Does anyone know what can be done so we know that child is safe and has a safe place to live! Thanks in advance for all of your advise concerning this matter!

[AK lawyer]

... His mom ... has ... no over night visits. ... Does anyone know what can be done so we know that child is safe and has a safe place to live! ...

If she has no overnights, I don't see the problem. Mom could visit her child in the park, or anywhere.

If she was supposed to give you notice in the event she moved, I don't believe that applies: the writ of assistance was presumably issued in less than 90 days, so there is no way she could have complied. If she is in fact moving in with her boyfriend, she should give as much notice as practical under the circumstances.

Where are exchanges to take place? At her home, at your home, or somewhere in between?

[ScottGem]

Your husband would need to request an emergency hearing to temporarily modify the custody order to suspend weekend visits until you know where she will be leaving and where his son will be staying.

[stinawords]

As mentioned she could not give 90 days notice that she was moving. Evictions are given out with far less time to move. The child does not have overnight visits so her moving really shouldn't be a problem on that front. If your husband is concerned he can go back to court to ask that visitation be modified but I'm not sure how much more modified it can get. There isn't much you personally can do because you don't have any legal standing in the matter but you can encourage your husband to be as informed as he can.

[smily2014]

As mentioned she could not give 90 days notice that she was moving. Evictions are given out with far less time to move. The child does not have overnight visits so her moving really shouldn't be a problem on that front. If your husband is concerned he can go back to court to ask that visitation be modified but I'm not sure how much more modified it can get. There isn't much you personally can do because you don't have any legal standing in the matter but you can encourage your husband to be as informed as he can.

The first notice she received was in January according to court docket!

[smily2014]

If she has no overnights, I don't see the problem. Mom could visit her child in the park, or anywhere.

If she was supposed to give you notice in the event she moved, I don't believe that applies: the writ of assistance was presumably issued in less than 90 days, so there is no way she could have complied. If she is in fact moving in with her boyfriend, she should give as much notice as practical under the circumstances.

Where are exchanges to take place? At her home, at your home, or somewhere in between?

We exchange every other weekend in a public place which is 1/2 way between both of our homes. But, where she is supposed to be moving is farther then where she lived before. But, it is court order where the exchanges are to take place.

[ScottGem]

The first notice she received was in January according to court docket!

First notice of what? If it was a notice to Vacate, that's not binding. She may have thought she could hold off an eviction until the last moment. So I doubt if a court will hold her to the 90 days. But, again, your husband needs to ask for a modification of visitation.

I'm also confused about the overnights. If she gets him for the weekend doesn't that include an overnight? I was assuming that you meant no overnights besides the weekend.

[smily2014]

First notice of what? If it was a notice to Vacate, that's not binding. She may have thought she could hold off an eviction until the last moment. So I doubt if a court will hold her to the 90 days. But, again, your husband needs to ask for a modification of visitation.

The first time that the landlord took her to court was in December 2012 about payment. Then back to court December 2013, then in Jan 2014 entered Default Judgment and both parties were notified. Then in April 2014 had file "Writ of Assistance". So it would look like she would have known all of this in a timely manner.

We do have a court date scheduled in two weeks but, mom had it postponed in December and Feb so, how do we stop her from doing that again? We have notified the appropriate people about her eviction and our worry about not know where the child will be staying when he is with her every other weekend.

[smily2014]

As mentioned she could not give 90 days notice that she was moving. Evictions are given out with far less time to move. The child does not have overnight visits so her moving really shouldn't be a problem on that front. If your husband is concerned he can go back to court to ask that visitation be modified but I'm not sure how much more modified it can get. There isn't much you personally can do because you don't have any legal standing in the matter but you can encourage your husband to be as informed as he can.

Mom has every other weekend with the child. This court case regarding payment started in December 2012. I would think that she would have had time to find a new place to stay. It has been well over a year.

[ScottGem]

So you bring this up to the court. I'm not sure how the court will look at it. If she tries to postpone again, ask for an ex parte hearing to temporarily suspend visitation.

[smily2014]

So you bring this up to the court. I'm not sure how the court will look at it. If she tries to postpone again, ask for an ex parte hearing to temporarily suspend visitation.

If I had to guess they will not look at it very well. When we went to court last year she had already been evicted from 2 places and it was frond against. When she moved into this place she said that she was buying it on contact. Thanks I will let my husband know to ask for an ex parte hearing.

[AK lawyer]

We exchange every other weekend in a public place which is 1/2 way between both of our homes. But, where she is supposed to be moving is farther then where she lived before. But, it is court order where the exchanges are to take place.

So the fact that where she apparently will be living (i.e.: with her boyfriend) is farther away is of no consequence, as far as you are concerned.

I'm curious as to the purpose of the 90-day notice requirement. But I would insist that she gives you at least some notice of the new location. Rumor heard from her friend doesn't cut it.

[AK lawyer]

So you bring this up to the court. I'm not sure how the court will look at it. If she tries to postpone again, ask for an ex parte hearing to temporarily suspend visitation.

... . Thanks I will let my husband know to ask for an ex parte hearing.

He doesn't need to ask for an ex parte hearing (a hearing without notice to the other side). It's always best that all sides get the opportunity to be heard. Just ask for a hearing. Whether she chooses to attend it is her business.

[stinawords]

If your husband already has a court date then what are you worried about? You had said her hearing for payment was postponed. What does that have to do with the court date for visitation? The meeting place still stays the same so the mother would just have to drive farther to pick up her son. It was mentioned that your husband can try to get a hearing sooner. He can. Keep in mind he might not get it. Not all counties will get him in quicker than that when there isn't a greater danger posed to the child other than the father not knowing the mothers boyfriend. I know the judge in my county (I'm also in Indiana) does a great job of keeping things fair and equal and requires proof of danger when that is brought up as reason for anything not just rumors. This is of course for good reason. There have been some ridiculous accusations brought into these court rooms. (not saying your husband is ridiculous) Does the child's mother have visitation this weekend?

[smily2014]

If your husband already has a court date then what are you worried about? You had said her hearing for payment was postponed. What does that have to do with the court date for visitation? The meeting place still stays the same so the mother would just have to drive farther to pick up her son. It was mentioned that your husband can try to get a hearing sooner. He can. Keep in mind he might not get it. Not all counties will get him in quicker than that when there isn't a greater danger posed to the child other than the father not knowing the mothers boyfriend. I know the judge in my county (I'm also in Indiana) does a great job of keeping things fair and equal and requires proof of danger when that is brought up as reason for anything not just rumors. This is of course for good reason. There have been some ridiculous accusations brought into these court rooms. (not saying your husband is ridiculous) Does the child's mother have visitation this weekend?

No, only because its his Easter Weekend. I should add that this is mom's 5 boyfriend in less than a year!

[cdad]

What is this hearing for? Depending on the matter before the court then you may be able to just proceed as planned. Delaying a hearing is just a tactic. It is not written in stone that a delay will happen. In general both parties have to agree to it.