Housing Issue

I don't know the laws in your state but I have never heard of a temporary custody order changing anyone housing status. We owned our home and until the divorce was final and I was awarded that house, he could live there.

Since neither of you own the house the only person who can throw anyone out is his parents. Do you pay rent? If you do they must evict him or you. If you don't pay rent it will be far easier to toss out whoever but family court has no control in that situation.

I suggest you talk with an attorney. I doubt that you can have your husband removed unless you have a restraining order. And...since his parents own the house are they willing to ask him to leave and allow you to remain.

If you pay rent, then you and your husband have control of the house and who lives there. That would mean you couldn't force him out of the house.

It is possible that when you apply for temporary custody the judge can order that he leave but whether or not he does depends on the circumstances. You really need to talk with an attorney.

D.:

I'm truly sorry you are going through so many problems...

You need to find a lawyer to help you navigate this messy business of child custody and divorce...

If HIS parents own the house and you are renting it from them - they may ask you to leave - grandchild or no. I do not know the rental laws in Nebraska nor do I know the custody laws...you need have a lawyer involved so that your rights are protected...unfortunately, you have learned you cannot trust your husband to tell you the truth...he is already trying to screw you over (as noted in your previous post).

DO NOT SIGN ANYTHING without having a lawyer check it over for you and ensure that you are being protected.

You said the other day you stated you were on the list for public housing/section 8 - DO NOT REMOVE YOUR NAME FROM THIS LIST!!!!

Go to a W.'s shelter and they will direct you to a lawyer that can help you - they will also direct you to other help you may qualify for. Keep in mind this is NOT a permanent way of life - this is a HELPING HAND and TEMPORARY measure. Find out what classes you will qualify for for an education, certification, etc. so that you can get back on your feet and on your own.

Once you get a lawyer - you will be able to fight (ugly word but that's what you are doing) for custody of your son. You will need to document EVERYTHING...if he hits you or your son, file police charges. If he says demeaning things (calling you or your son stupid, worthless, etc.) if he has hit you then you need to file a restraining order against him. Again - do not SIGN ANYTHING he has given you....DO NOT SIGN ANYTHING that he has given you from his lawyer...PERIOD....GET A LAWYER NOW!!!

Good luck

If you have a lease with you both listed unless you have a court order they don't have to remove him from it. If you don't have a lease and his family own it you are kind of out of luck, it's not your property, they can say who lives there and who doesn't at any time.. I would say if it his family property then they/he would have you booted anyway.

Ask whoever told you that you could have your hubby removed from the house once you file for temp custody of your child, maybe?

Call a womens shelter. They will help you and answer your questions.

I think we need more details. Is he abusive? Do you have a restraining order? Who is paying the rent? Whose name is on the lease?

Laws vary from state to state. You should consult your attorney.