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My daughter has lived with a man for 8 years and been a stay at home mom (does run a photography business parttime) raising three children. Ages 6, 10, 13. He works for the railroad and is never home but maybe once or twice a week mainly to sleep and then leave. She gets the kids to school, goes to conferences and doctors, handles all meals, takes them to sport practices. He pays for the mortgage and utilities and believes this is all he has to do to be a dad. He put the house in his name only. He got caught posting on Facebook Friday to a 11 yr younger girl with a toddler son how much he missed and loved her so my daughter sent him a screenshot of the posting. He then called her and said it was his house and he wanted her and the children to vacate by Memorial Day (2 days). He had also purchased a van for her so she can cart the kids to all their obligations since he is never there. He makes really good money but travels constantly with the railroad. Can he do this?
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Hello, Anonymous.
More information on the specifics would be beneficial to give a better answer. For instance, are they married? Or are they just living together? Is your daughter the mother of all three children?
The answer to some of these questions may change some of the responses here, but for the most part, it would seem that, at minimum, your daughter is in a tenant-landlord situation. I say this assuming that they are not married, all the children are hers, and the house was bought solely by the father with no help, contribution, or assistance from your daughter. If it does come down to a tenant-landlord situation, then there are very specific and thorough processes that must be followed in order to evict someone. She may have rights under tenant law. This doesn't mean she can never be kicked out of the house, just that it will take time, and all the legal steps must be followed.
Additionally, she should probably seek the help of an attorney to help get the paperwork filed to commence a case for custody and support of the children. This way the court will be able to spell out the rights and obligations of both parties, as well as make sure the children are provided for in some way.
I hope this helps.
(This answer does not create a binding attorney-client relationship and should be used for information purposes only.)
Answered on Jun 10th, 2015 at 1:10 PM