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Lucy, Esq.
Lucy, Esq., Attorney
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We live in Texas. My son and his girlfriend have a 4 month

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We live in Texas. My son and his girlfriend have a 4 month old baby together. They have lived with me since the day the baby came home from the hospital. My son wants her to find another place to live, but the girlfriend says she has rights to live in our home and that we cannot ask her to leave. She pays no rent. Can we make her move out?
Submitted: 5 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 5 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Technically, if she contributes nothing to the household, she's a guest and you can ask her to leave at any time. However, if she's been there awhile, to protect yourself, the best course of action is to formally evict her. Otherwise, you run the risk that she will sue and that a judge will find that you and/or your son conferred rights upon her as a tenant. If she contributed anything at all - groceries, cooking, cleaning, child care, utility payments, that could seen as a form of "rent," which confers rights on her.

If there was an agreement that she would pay rent, and she's not paying, you can give her a three-day notice to vacate the premises. Tex. Prop. Code, Section 24.005. The notice must be in writing, and should be hand-delivered to her. Otherwise, you can give her a 30-day notice that her tenancy is being terminated and that she must move. Section 91.001. If she doesn't leave, you can then go to court and file suit to formally evict her.

If there is no custody order in place, you may want to be prepared for the possibility that she will take the child with her. I don't know if your son will want to file for temporary custody before serving her with the notice (or at least before the 30 days is up).

Good luck.
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Customer: replied 5 years ago.

She does not pay rent or help around the house. She cleans her own room-that's all. She's been here 4 months. Is that long enough to have to evict her? Also, how does my son go about requesting temporary custody?

Expert:  Lucy, Esq. replied 5 years ago.
It's better to go through the formal eviction process, because, if you just try to remove her, and she sues, you'll find yourself in a lot of trouble if the judge believes that she was a tenant. The law very heavily favors the tenant, and it's important for you to protect yourself.

Your son can file a Petition for Custody and Support with the Family Court. When he files the original papers, he can include motion asking the judge to give him temporary custody while the judge makes a final decision. What he would want to do is show that it's in the best interests of the child to stay with him. This site has forms and information that he can use.
Customer: replied 5 years ago.
Thank you for your help.
Expert:  Lucy, Esq. replied 5 years ago.
You're welcome. Good luck.

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