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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“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.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

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Author: House Attorney

A house attorney has answered this question.

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