Legal Steps Against Offensive Father How to stay him away of my home and family. Legal Steps Against Offensive Father How to stay him away of my home and family.

7 months ago

We are a Hindu family. I am 32 years old, my wife is 30, and our son is 5 years old. My father is 60, my mother is 56, and my brother is 28 years old. We live together as a joint family. We come from a very weak financial background.

My father's behavior has been deeply troubling. He has been both mentally and physically abusive towards my mother, brother, and me since my childhood. He has consistently failed to fulfill financial responsibilities, neglecting school fees, rent for our school van, and other essential expenses or anything related to our well-being. We have always lived in rented houses, as he has never provided a permanent home. Additionally, he has a serious alcohol dependency issue.

His irresponsibility extends beyond finances; he treats us like enemies and has made our lives unbearable. It was an oppressive period for my mother, my younger brother, and me.

As I grew older and began earning, I took the initiative to build a stable home for our family, eventually purchasing one in my and my wife's name. However, my father continued to disrupt our lives and even harassed my wife, who comes from a different caste, often ordering her to leave the house in my absence.

My greatest concern is the negative influence he has on my 5-year-old son, who has witnessed this behavior since birth, learning undesirable habits from him directly and indirectly.

My father has a history of disappearing for extended periods, and he has been absent for the last one year. We know his whereabouts, and during this year he has multiple times attempted to confront my mother publicly on the road.
our information is he has started a small shop for his livelihood.

If he returns, he will undoubtedly disrupt our mental peace, affecting my work efficiency.

My mother is prepared to seek legal separation from him, but my question is whether it would still be my responsibility to take care of him even after they get divorced. If that is the case, it will be a more challenging situation than it is now.

I am seeking guidance on whether there is a legal way to keep him out of our home and away from our family permanantly. I simply want him to stay away from us due to his disruptive behavior, which causes significant problems.

Please advise on the available legal options and actions I can take.

Anik

Responded 7 months ago

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A.Dear Client,
Here are some general steps you may consider:

Consult with a Family Lawyer: Seek the advice of a family lawyer who specializes in divorce and family law. They can explain the legal options available to you and guide you through the process.

Divorce Proceedings: If your mother wishes to seek a divorce from your father, the legal proceedings will typically address issues such as property division, alimony, child custody, and visitation rights. Your lawyer can help navigate these aspects to protect your family's interests.

Restraining Order: If your father's behavior has been abusive or poses a threat to your family's safety and well-being, you may consider obtaining a restraining order (also known as a protection order) against him. A restraining order can legally require him to stay away from your family members and your residence.

Property Ownership: If the house you mentioned is in your and your wife's name, you may have a stronger claim to its ownership. Discuss this aspect with your lawyer to ensure that your property rights are protected.

Counseling and Mediation: In some cases, family counseling or mediation may be recommended to address issues and conflicts within the family. This can be part of the divorce process or a separate effort to resolve issues amicably.

Child Custody and Visitation: If you have concerns about your son's well-being due to your father's negative influence, child custody and visitation arrangements will be addressed during the divorce proceedings. Your lawyer can help advocate for your son's best interests.

Financial Support: Depending on the outcome of the divorce proceedings, your father may be required to provide financial support (such as alimony or child support) if deemed appropriate by the court.

Enforce Court Orders: If your father continues to harass or disrupt your family after court orders have been issued, you can seek legal assistance to enforce these orders.

Document Everything: Maintain records of any abusive or disruptive behavior, including dates, times, and witnesses. This documentation can be valuable during legal proceedings.

It's important to remember that each case is unique, and the legal process can be complex.
Thank you.
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