I Can’t Make the Court Mandated Date to Collect my Belongings from my Mother’s Home, Is it Possible to Change/Reschedule this Date?
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Summary
My mother does not speak to any of her children and ex-husband and has taken sole custody of the family house. She will not let any of the children in the house. My dad took my mom to court to get a court mandated date to allow the children to get our belongings. I cannot go to the house on that date because I am at university out of state. I would like to get a second date when I can go into the house once and for all to collect my property. I have tried contacting my mom through e-mail and family friends to avoid legal fees and having to go to court but there is no response. I do not know what my options are. |
“I am twenty-one years old and my parents are divorced. My mother does not speak to any of her children and ex-husband and has taken sole custody of the family house. She will not let any of the children in the house. My dad took my mom to court to get a court mandated date to allow the children to get our belongings. I cannot go to the house on that date because I am at university out of state. I can only go to get my things two weeks later when I go back home for spring break. I would like to get a second date when I can go into the house once and for all to collect my property. I have tried contacting my mom through e-mail and family friends to avoid legal fees and having to go to court but there is no response. I do not know what my options are. I want to avoid costliness and just go the house and get my belongings when I am home. Thank you.”
Can any of your siblings or anyone pick up your stuff for you? Can you miss classes for a day? Can a friend help you out? If the answers to these is “no” then you might have to make an application to that same judge to be granted access to the house. Make sure to document your efforts - phone records, e-mails, etc. - so that you can show the Court that you tried to give adequate notice, so it potentially will give you a different day. If the day comes and goes, and you do not get an order beforehand to prevent disposal of your belongings, they may end up at GoodWill.
Do Evicted Tenants Still Have a Right to Gather Their Belongings After the Date They were Ordered to Vacate?
If the Mother of my Child Doesn’t ask for me to Sign Birth Certificate or claim Paternity, Will she be Able to File for Back Child Support in the Future?
If a Child is Already 18, Can the Father Be Made to Pay Child Support?
For more on this subject check out these categories: Family Law, Property, Relationships
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.