[CA] How do I evict my children's mother from my home?
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Understood. Options to consider:
- Agree on a firm vacate date (put it in writing) and use the threat of eviction if she refuses. In California, generally you must give 60 days’ written notice in this situation (Cal. Civ. Code § 1946.1). Consider having an eviction attorney formalize the notice to avoid procedural mistakes.
- File for eviction (unlawful detainer) to legally remove her.
- Offer “cash for keys” — pay her to leave voluntarily.
- Hire an eviction lawyer to handle notices and court filings.
- Alternatively, let her stay longer in exchange for rent. Document it.
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I recently split with my children’s mother. Never married. I own my home by myself. How can I legally have her leave the house? She’s looking for a place but can’t afford rent or find anything right now.
I understand — have you and the children’s mother discussed any agreement about her living there?
I gave her 60 days to leave, and she agreed. After a month, she said it’s hard to rent while supporting the kids. I let her stay past 60 days if needed, but said if I find someone to rent a room, I wouldn’t need as much support. I now have someone to rent the room, and she still hasn’t moved. I worry she’ll drag her feet.
Any written agreements or court orders yet about custody or living arrangements?
I’ve started the custody application and parenting plan but it still needs to be seen by the court. I’m filing for majority custody of our two boys and asking for child support.
Sorry you’re going through this. Quick questions: 1) What’s your main concern right now? 2) What outcome do you want?
1) Main concern is making it difficult to have her move out, and what happens if she can’t find a place — no credit, no family. She does make decent money, though. 2) Ideally, she finds a local room to rent, pays child support, and a family member rents our spare bedroom. We are located in California.
Understood. Options to consider:
- Agree on a firm vacate date (put it in writing) and use the threat of eviction if she refuses. In California, generally you must give 60 days’ written notice in this situation (Cal. Civ. Code § 1946.1). Consider having an eviction attorney formalize the notice to avoid procedural mistakes.
- File for eviction (unlawful detainer) to legally remove her.
- Offer “cash for keys” — pay her to leave voluntarily.
- Hire an eviction lawyer to handle notices and court filings.
- Alternatively, let her stay longer in exchange for rent. Document it.
One last question — what’s the deciding factor when the court decides who gets primary custody?
The court’s deciding factor is the best interests of the child — factors include who provides care, school stability, maintaining the status quo, parents’ availability/work schedules, and overall ability to meet the child’s needs. It’s case-by-case.
Thank you.
You’re welcome — good luck, and feel free to ask if you need help drafting a written notice or figuring next steps.
