Legal Question in Family Law in California
How can I help my friend?
My friend lives across the street from me and owns her home.
She has two young children ages 6 and 3. The father (Jose) of her children had been living with her for over 7 years when he decided to start seeing his wife again. Yes, Jose is still married to someone else. His name is not on the deed to my friends house. She now has asked him to leave but he refuses. Can she call the police and have him removed from the house? What would be the best way to go about having him removed from her home?
2 Answers from Attorneys
Re: How can I help my friend?
She should file a paternity action to have him determined to be the father of the children. Then she can file an OSC and request a temporary restraining order that he move out of the house. If there has been any domestic violence she will can file for domestic voilence restraining order without paying a filing fee.
Re: How can I help my friend?
The "best" way is the legal way, which means she gives the boyfriend a 30 day notice to move out and then files an unlawful detainer if he does not. The sheriff will not remove him and she can be sued if she changes the locks.
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