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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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