What can I do if the father of my child will not leave my house now that we are breaking up?

UPDATED: Sep 30, 2022

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What can I do if the father of my child will not leave my house now that we are breaking up?

I have been with my significant other for 16 years and we have a 12 year old daughter together. We have never married. We do not have joint accounts together. All the assets are in my name and I support the household. I now want to end the relationship and want him to leave. However, he does not want to but since it is my house, I’m not leaving either. Also, he has called and threatened a male co-worker of mine because we were talking as friends outside of work. My employer now sees me as a liability because of his threat to my co-worker. How should I handle getting him to leave? Does my employer need to get a restraining order against him? Also, since I have more income, am I still entitled to child support from him?

Asked on June 16, 2016 under Real Estate Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) Since he was living there with permission but without paying rent, he was a guest of yours. You may ask a guest to leave at any time, but if he does not leave when you do so, you need to bring an action for "ejectment" (which is eviction for non-tenants) to remove him--that is the only legal way to get him out if he does not voluntarily leave. The action will result in a court order that he must leave, enforceable by law enforcement if necessary. A landlord-tenant attorney can help you do this.
2) The employer or the threatened employee may well want a restraining order, but you can't make them get one.
3) Yes, even if you have more income, you are entitled to child support: the support is for the child, not you. Your respective incomes and financial abilities will influence how much he has to pay, but if he fathered a child and is the non-custodial parent, he will have to pay some support, though you'll need to bring a legal action to get it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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