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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34743
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I'm in a relationship and my boyfriend is threatening to get

Customer Question

I'm in a relationship and my boyfriend is threatening to get lawyers to have me a evicted out of our apartment we have a one-year-old daughter I need some legal advice on my legal rights The lease under his name
Submitted: 4 months ago.
Category: Legal
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Are you listed as an occupant on the lease or a co-signer?

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Or are you not on the lease at all?

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thanks

Barrister

Customer: replied 4 months ago.
I signed the initial application but my did not sign a lease. I've been living there for four months.
Expert:  Barrister replied 4 months ago.

Ok, I hate to have to tell you this, but if the lease is solely in his name, then legally, he is the only legal tenant and you would actually be considered his tenant since you are living in a dwelling that only he has a legal contract with the landlord for the property.

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The makes him your landlord and you his tenant under a month to month oral tenancy agreement. If he wanted to terminate that tenancy, he will have to give you a written 7 day notice to terminate your tenancy and then pursue a formal eviction in court to get a judgment and a writ that the sheriff would execute to force you to vacate.

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The eviction process in CO will take 3-4 weeks after the 7 day notice expires, depending on the court's and sheriff's schedules.

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So you are looking at a month or so before he could legally force you to vacate, but he has to go through the courts and he has no legal right to try to simply kick you out.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 4 months ago.
Well I'm afraid that it will get physical or verbal if he tries to kick me outif I call the police can I have him removed via restraining order to avoid Domestic dispute
Expert:  Barrister replied 4 months ago.

If he tries to force you to leave, you can immediately call the police and if he has touched you or assaulted you, you can have him arrested for domestic violence and then immediately go and file for a restraining order that would prevent him from returning to the apartment.

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Just be aware that he will likely stop paying the rent and an eviction would occur in around 1.5 months..

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But if he is trying to force you to leave and you call the police, and he hasn't assaulted you, they will often just tell him to leave the property for a while to cool down, but not actually take any formal legal action. It would then be up to you to determine if you wanted to file for a formal restraining order based on any threats he might make.

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thanks

Barrister

Customer: replied 4 months ago.
What are the chances of me having full custody or him having full custody, does the law side with the mom or the dad or what determines who gets custody
Expert:  Barrister replied 4 months ago.

It doesn't favor one over the other once a child is over 3 or so. Under that, and primary custody typically goes to the mother. But if he is on the birth certificate, then currently he has exactly equal custodial rights with you.

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You would have to file a formal paternity case to have a judge order a DNA test, confirm paternity, and then make any child custody orders and support orders as necessary to fix your respective rights and set specific times when each of you would have custody of the child.

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thanks

Barrister

Customer: replied 4 months ago.
He has left me and the baby a couple of times to go to Mexico in the time he's up there he doesn't call to ask about his daughter, he has had his license revoked so I'm not comfortable with him driving her when I do let him take her he takes her to his dad's and he has a brother living there who has a domestic violence charge against him. would any of that affect his ability to have custody of her
Expert:  Barrister replied 4 months ago.

It likely would affect a judge's decision because the more negative factors that he has, the less likely he would be granted primary custody. But until you get it in front of a judge to decide, you are both exactly equal in rights if he is listed on the birth certificate as the father.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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