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    sara356's Avatar
    sara356 Posts: 10, Reputation: 1
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    #1

    Dec 31, 2010, 07:00 PM
    Is children's father liable to pay rent for his children if he kicks the mother out?
    My boyfriend and I have been living together for 8 years. We have never been married. We have 3 children together.He owns the house we live in (in TN).He now wants to kick me out.The children are coming with me.I am currently trying to get disability and have no income. Would he be liable to pay rent for his children?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 31, 2010, 07:03 PM

    No, but he would be liable for child support. He can't just kick you out. He has to serve you legal notice to vacate. You can use that time to file for child support.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 31, 2010, 08:37 PM

    Yes, he will have to legally evict you,

    And no he does not have to pay rent for the kids.

    You can file for custody and of course he can file for custody, that will have to be decided in court, You can also file for child support,
    peepers's Avatar
    peepers Posts: 9, Reputation: 2
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    #4

    Jan 2, 2011, 07:28 PM
    Ultimately he will have to help with cost of living for you and the kids, since you were never married he has no legal rights to the children since they were born out of wed lock, if paternity has been established then you will need to file for child support at your local prosecuters office.. do you have have government housing in your city, try that and there are other programs such as foods stamps and TANF( TEMPORARY ASSISTANCE FOR NEEDY FAMILIES)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jan 2, 2011, 08:28 PM
    Quote Originally Posted by peepers View Post
    ultimately he will have to help with cost of living for you and the kids, since you were never married he has no legal rights to the children since they were born out of wed lock, if paternity has been established then you will need to file for child support at your local prosecuters office.. do you have have government housing in your city, try that and there are other programs such as foods stamps and TANF( TEMPORARY ASSISTANCE FOR NEEDY FAMILIES)

    First this answer was so wrong I almost deleted it

    1. help with cost of living, *** no, he may have to pay child support unlss he gets joint custody or full custody,

    2. legal rights to kids, he has full rights, he just needs to have paternity proven in court though DNA tests, being married or listed on the birth certificate is not needed to have rights.

    3. file for child support ** no, the prosecuter has nothing to do with it, unless they are very far behind in payments, you start by filing for support in family court


    4. Government assitance, is the only right thing you actually said, although at least here in Atlanta, there is a two year waiting list for government housing
    peepers's Avatar
    peepers Posts: 9, Reputation: 2
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    #6

    Jan 2, 2011, 09:00 PM
    Comment on peepers's post
    My state everything I put is something I personally went through and not only have they not went to court YET at this time he has no rights If paternity hasn't been established, child support is USED for living expenses, in my state you file at pros off
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jan 3, 2011, 04:32 AM

    Comment on peepers's post
    My state everything I put is something I personally went through and not only have they not went to court YET at this time he has no rights If paternity hasn't been established, child support is USED for living expenses, in my state you file at pros off

    Comments on this post
    peepers does not find this helpful : every state has diff provisions on theses matters

    First, may I call your attention to the guidelines for using the comments feature found here:

    https://www.askmehelpdesk.com/feedba...ure-24951.html

    Your rating of Chuck's post was what we call a revenge reddie. You rated him because he rated you. This is not allowed. While you MAY have experienced some of things there were probably extenuating circumstances that may have made the application of the law different.

    Yes, it is true that a father to a child born out of wedlock does not have any rights UNTIL paternity is established. But that's not what you said. You said; "since you were never married he has no legal rights to the children since they were born out of wed lock". The fact is that a father has equal rights to a child the only difference between being born to a marriage or out of wedlock is that the unmarried father has to prove paternity first.

    Second, Child support is paid to the custodial parent to be used for the care of the child (or children). Again, you said something different. You said that he will have to help with the "cost of living for you and the kids". He does NOT have to help with the expenses for the mother only for the children. That's why its called child support.

    Both of those factors are universal for the US. All states subscribe to a federal guidelines on these issues.

    Most states have family or probate courts where one files for custody, visitation and support issues. Local prosecutors are only charges with criminal matters, but I concede its possible that prosecutors might handle this in your area. But I would need to see proof of that.

    So that fact is that what you posted was, at best poorly worded so as to be misleading and earned the negative rating. Your revenge response was inappropriate.
    kaylog's Avatar
    kaylog Posts: 2, Reputation: 1
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    #8

    Feb 6, 2012, 09:55 AM
    If the father and I are not together, and have not been since baby was born, is he liable to assist me in paying rent when I move out to my own place?

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