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Me and my girlfriend bought a house together. I want her to leave. Her name is not on the mortgage or deed. New details below.

Sun City, CA |

Me and my girlfriend bought a house together.We both pay half the mortgage,the down payment,etc but her name is not on the deed or mortgage.I want to break up with her,and gave her a 30 day notice.We have a child together and I think it would give me more leverage in family court if she did not have a place to stay.I have filed for custody of the baby (4 months old).She was surprised but oh well, I want her and her child(6yrs old from other relation.) to leave.She does breastfeed, can the judge make her stop so that I can get the baby? I was told that since I make more money I can get baby. We both work and are college educated. I told her that if she didn't leave within the 30 days that I was going to file against her in court. I'm hoping that she can't do anything about this.Am I right?

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Attorney answers 2


The legal advice you're getting is mostly wrong.

In California, income doesn't determine custody; all it determines is child support. If the court determines that Mom's the more appropriate parent, but you make more than she does, all the court needs to do to fix THAT is to order you to pay an appropriate amount of child support to her. See Burchard v. Garay (1986).


My family law experience is limited to what I learned in law school, but from what you wrote, you're making things worse.

Whenever there are child custody issues, you're always best to get an experienced family law attorney to help you out. By trying to get a breastfeeding mother kicked out so she'll "have no place to stay," you're not looking like the shining star to the court.

Do things the right way and after following your attorney's advice.

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