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How Can I Evict My Ex-Girlfriend and How Will it Affect Custody

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  • 07-18-2013, 06:58 AM
    Jerzmatic
    How Can I Evict My Ex-Girlfriend and How Will it Affect Custody
    My question involves a relationship in the state of: Georgia

    My Ex Girlfriend and I have a daughter together along with her older daugher (not mine) have been living with me since late 2011. The House is mine, she has no claim to it. We have officially been separated since early 2012 to the point of dwelling in separate rooms. She has not contributed to the household since that time nor is looking for a job. I want to know if I would be able to evict her and how could I go about doing that? It's not a good environment for the children which is the main reason I want this and I need a change before I lose my mind. I don't want to evict her but I honestly have no choice as I feel she has no incentive to leave or want to leave at this point. it's been over a year and a half and I feel like i've done everything I could and allowed more time than I needed to allow her to get herself together to move on. I'm more than willing to keep both the kids I just want her out. Also, and more importantly I'd like to know about things to consider in relation to how would that play out down the line when it comes time to deal with Custody and child support being that I have done everything up to this point.

    Please help
    Desperate Dad
  • 07-18-2013, 07:03 AM
    Dogmatique
    Re: Evict My Ex-Girlfriend from My Home Child Involved
    You have absolutely no claim to her daughter.
    You must evict them per your state's laws.
  • 07-18-2013, 07:24 AM
    Jerzmatic
    Re: Evict My Ex-Girlfriend from My Home Child Involved
    I know that it really has nothing legally to do with her daugher but, she's a child that's involved that's the only reason I mentioned her and I care for her well being as well. But again my question is can I evict her following the Ga Laws I own the house and we are not married but we have child together so I'm asking. Also, and more importantly I'd like to know about things to consider in relation to how would that play out down the line when it comes time to deal with Custody and child support being that I have done everything up to this point.
  • 07-18-2013, 07:40 AM
    aardvarc
    Re: Evict My Ex-Girlfriend from My Home Child Involved
    The proper time to establish custody and child support is when your children ARRIVE....NOT just when faced with splitting up. Imagine how warm and fuzzy a judge considering custody is going to feel about you evicting your child. The "everything" you've done up to this point will essentially evaporate the minute you put your kids, essentially, out on the street. Since you weren't married to mom, and haven't established legal custody via the courts, the minute you evict mom (and the kids, since you have no legal rights regarding either of them at this point), she can up and disappear with them to Timbuktu, and there's nothing you can do to stop her. All you'll be able to do after the fact is file your case, have her served if you can find her, and begin the process of establishing paternity and visitation orders that should have been in place to protect your rights a LONG time ago. The reality you're facing is that by the time you go to court, mom will have absolute claim that SHE has been the primary caregiver, since you'll have already been out of the picture for months before your case gets before the court. Having a child with mom doesn't prevent you from evicting her, but I'd take extra care to kiss the child goodbye, as it may be a significant time period and multiple court hearings before you see the child again.
  • 07-18-2013, 08:29 AM
    Antigone
    Re: Evict My Ex-Girlfriend from My Home Child Involved
    Quote:

    Quoting Jerzmatic
    View Post
    My question involves a relationship in the state of: Georgia

    My Ex Girlfriend and I have a daughter together along with her older daugher (not mine) have been living with me since late 2011. The House is mine, she has no claim to it. We have officially been separated since early 2012 to the point of dwelling in separate rooms. She has not contributed to the household since that time nor is looking for a job. I want to know if I would be able to evict her and how could I go about doing that? It's not a good environment for the children which is the main reason I want this and I need a change before I lose my mind. I don't want to evict her but I honestly have no choice as I feel she has no incentive to leave or want to leave at this point. it's been over a year and a half and I feel like i've done everything I could and allowed more time than I needed to allow her to get herself together to move on. I'm more than willing to keep both the kids I just want her out. Also, and more importantly I'd like to know about things to consider in relation to how would that play out down the line when it comes time to deal with Custody and child support being that I have done everything up to this point.

    Please help
    Desperate Dad

    Feel free to begin evictio proceedings, and know that when she leaves she will be taking her children with her.

    My question to you about custody: Have you been legally declared the child's father?
  • 07-18-2013, 09:45 AM
    Jerzmatic
    Re: Evict My Ex-Girlfriend from My Home Child Involved
    Outside of my name on the birth certificate as the father, no.

    - - - Updated - - -

    If I have to endure more months of this to have a better outcome down the line in front of the judge then I will or just move out myself. I just think it's crazy to have to move out of my own house just because although she isn't working she does not want to live in an Apartment.
  • 07-18-2013, 09:49 AM
    Antigone
    Re: Evict My Ex-Girlfriend from My Home Child Involved
    Quote:

    Quoting Jerzmatic
    View Post
    Outside of my name on the birth certificate as the father, no.

    - - - Updated - - -

    If I have to endure more months of this to have a better outcome down the line in front of the judge then I will or just move out myself. I just think it's crazy to have to move out of my own house just because although she isn't working she does not want to live in an Apartment.



    So evict her, nothing can legally stop you from doing so. Just know that she will take her kids with her.
  • 07-18-2013, 09:59 AM
    Jerzmatic
    Re: Evict My Ex-Girlfriend from My Home Child Involved
    I just want to know or would like to know the steps of actions I should be taking.....in order for me to have the best outcome. That's all I want.

    - - - Updated - - -

    I've never been worried about the eviction it's what was said about the ramifications down the line of me doing so when it comes time to deal with Child Support / Custody and such.
  • 07-18-2013, 10:44 AM
    Mr. Knowitall
    Re: Evict My Ex-Girlfriend from My Home Child Involved
    Whether or not you can evict her, and whether or not you might be able to get custody of your child, are two entirely separate issues.
  • 07-18-2013, 10:51 AM
    Jerzmatic
    Re: Evict My Ex-Girlfriend from My Home Child Involved
    Quote:

    Quoting Mr. Knowitall
    View Post
    Whether or not you can evict her, and whether or not you might be able to get custody of your child, are two entirely separate issues.

    Yes you are right but my worst fear has been confirmed by aardvark in that If I kick her out there will be ramifications that will more than likely come when it comes time to stand in front of a judge. Just trying to see how bad this could potentially turn out if I take the eviction route. Paternity hasn't been established, never thought I needed to, she's my kid and I know she's my kid. I look at her and it's like looking in the mirror. I only want what's best for my daughter.

    The flip side to that coin is that this continues on for man more months with no change, she just continues on living off of me like she's a kept woman that does not need to work and i'm tired of it.
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