QUESTION
How could I legally remove the mother of my children from my house?
Asked on Jun 11th, 2015 on Child Custody - Michigan
More details to this question:
The mother of my son is living with me. Her name is not on the lease. We argue and cannot get along. She has been here for 3 months so far. She thinks she can stay and not pay until she financially ready to leave. We are not married. Is there a way to legally remove her from our house?
8 ANSWERS
I assume when you call her the mother of your child that you are not married. If that is the case and she is not on the lease you can evict her. You would have to follow the eviction process. It may take up to two months however that is the way you can legally get her removed from the premises.
Answered on Jun 17th, 2015 at 2:02 PM
If she won?t leave voluntarily, you would need to do an eviction proceeding in court. If you win, ask the Judge for a ruling that you can change the locks and call the police if she trespasses. If she has no legal interest in the house, you could call the police now and charge her with trespassing. Once she is out, you could change the locks and keep her out.
Answered on Jun 17th, 2015 at 2:02 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If you're not married and she's not on the lease, she can only be there as long as you want her to be. However, since you're not married, unless the court has made you a legal father, she has the right to take the child with her since you haven't established your legal paternity. If you've signed the affidavit of paternity then you have evidence (a presumption) of paternity, but until a parenting plan is in place you have no right to have the child with you. So Please, go to court and get your situation properly aligned.
Answered on Jun 17th, 2015 at 2:02 PM
As the master tenant, you need to find out from a local attorney whether she is a tenant or a guest and what your state law requires to evict her. But she will then probably sue you for child support, including the cost of renting another place.
Answered on Jun 17th, 2015 at 2:02 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You can evict her.. give her a 30 day notice to quit and tell her she must move.
Answered on Jun 17th, 2015 at 2:02 PM
Lisa Hurtado McDonnell
Yes, you can lock her out if she has no legal right to stay, but then she take the child and ask for child support.
Answered on Jun 17th, 2015 at 2:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, you'll most probably have to evict her. See an attorney.
Answered on Jun 17th, 2015 at 2:02 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Send her a certified letter, return receipt requested, telling her to depart by a date, say, a week later. If she does not, file an eviction action in small claims court.
Answered on Jun 17th, 2015 at 2:02 PM