Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.”
Question: 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.
