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  1. #1
    Join Date
    Jan 2019
    Posts
    1

    Default Family or Litigation Lawyer Co-Parenting Under the Same Roof Has Gone Wrong

    My question involves a marriage in the state of:


    I am in the process of having the mother of my child move out of my house.

    We have an 11-year-old boy together; however, we were never in a romantic relationship other than as co-parents when she moved into the house with our son 3 years ago. It was a fling that turned in to an unplanned pregnancy. We all use separate rooms while the house, utilities, internet, and car lease are all under my name.

    Due to her circumstances (financial difficulties and borderline personality disorder), I have financially supported her as well as our son in the past but no longer wish to do so, other than my obligations by the law. She is abusive and is considered the most toxic person in my life as she always uses our son to manipulate me, financially and emotionally.

    We have discussed her moving out of the house to her own place where it is closer to her work since the spring of last year. However, when she found out that I am now in a relationship with someone else, she decided she is not going to be moving and have gone to the extent of writing abusive emails to me, calling me at work over 100 times, and finally, claiming that she is married to me and that I have cheated on her and abandoned her and our son to everyone around her.

    I have spoken to her lawyer (a family lawyer) because I have refused to respond to her unless it is through a lawyer. She claims that we are in a common law relationship, therefore she is entitled to spousal support and child support.

    I disagree that I was ever in a romantic relationship with her other than as co-parents and I have removed myself from the house to avoid her abuse 3 months ago.
    I am open to an amicable meeting to come to terms regarding child custody, support and such. However, I am not sure how to approach this case:
    - Should I get myself a family lawyer or a litigation lawyer?
    - Should I get myself different lawyers for different items?
    - What kind of rights am I entitled to?
    - How can I have her removed from my house without coming off as Iím throwing her out?

    I need some advice on how to best approach this as I understand it is a complicated matter.
    Thank you

  2. #2
    Join Date
    Jan 2011
    Posts
    234

    Default Re: Family or Litigation Lawyer Co-Parenting Under the Same Roof Has Gone Wrong

    What state are you in? Some recognize common law marriages, others do not.

  3. #3
    Join Date
    Jun 2010
    Posts
    626

    Default Re: Family or Litigation Lawyer Co-Parenting Under the Same Roof Has Gone Wrong

    She may be considered a tenant at this point, so you may have to look at how you can legally evict her.

    And yes, state matters.

  4. #4
    Join Date
    Jul 2018
    Posts
    1,068

    Default Re: Family or Litigation Lawyer Co-Parenting Under the Same Roof Has Gone Wrong

    Quote Quoting Jsalts123
    View Post
    We have discussed her moving out of the house to her own place where it is closer to her work since the spring of last year. However, when she found out that I am now in a relationship with someone else, she decided she is not going to be moving and have gone to the extent of writing abusive emails to me, calling me at work over 100 times, and finally, claiming that she is married to me and that I have cheated on her and abandoned her and our son to everyone around her.

    I have spoken to her lawyer (a family lawyer) because I have refused to respond to her unless it is through a lawyer. She claims that we are in a common law relationship, therefore she is entitled to spousal support and child support.
    So...you live together but you refuse to speak directly with her and are communicating only through her attorney?

    There's no such thing as a "common law relationship." Some states (a small minority) still allow for the formation of a common law marriage. Since you didn't identify your state -- despite the prompt to do so -- we have no way of knowing whether your state is such a state, so please identify your state. Until you do that, it would be pointless to respond to most of your questions (although I'll tell you that your generalized question about "what kind of rights [you're] entitled to" is a pointless question regardless).


    Quote Quoting Jsalts123
    View Post
    Should I get myself different lawyers for different items?
    Not sure what you're contemplating, but the answer is certainly no.

    Also, your post implies that you own the house, but you should be clear about that.

  5. #5
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,679

    Default Re: Family or Litigation Lawyer Co-Parenting Under the Same Roof Has Gone Wrong

    Down the street, OP says they live in Canada. So, OP would be better served to find a site versed in Canadian law.
    Don't make me quote Monty Python at you.

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