Q: Can Dad call police on visiting (adult) son for trespassing if Mom wants him there (joint homeowners)?
Of course I'll try to reason with him and I hope he doesn't follow through with the threat -- but does he have any legal grounds to have me removed if Mom wants me there? What if Mom isn't at home and the police arrive?
TMI: Mom and Dad (80+ yo) are verbally and emotionally abusive to each other. Dad is primarily responsible (initiates), but Mom reacts. Dad (poor health/mobility, early-mid alzheimer's, opioid dependence) relies on Mom for most meals and all housework, etc. They are joint owners of house.
Situation has become too difficult for Mom, and she wants me to come and stay (I live out of state) for an extended visit (1-2 weeks) to assess the situation and help figure out a plan (counseling, divorce, medical help for Dad -- who refuses it, etc). Dad claims if I show up he'll call the police and force me off the property with a trespassing charge.
A:
I don't know the trespassing laws but based on your description of the situation I think it would be best if you do not go to your parents' house for an extended stay. It seems clear that your presence will cause negative consequences for both your parents. If you visit your mother I recommend planning to stay elsewhere.
It would probably be helpful to your mother to meet with an elder law attorney to discuss guardianship and possibly conservatorship over your father. Or, if your mother does want to divorce then she should see a family law attorney.
If things get dangerous between your parents I recommend you contact 911 and Adult Protective Services.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
