boyfriend will not move out!

[misslisa18]

My boyfriend/roommate refuses to leave. We have lived together for 8 years. He is not on the lease, but the landlord is aware of his continued residency. The landlord says that because he is not on lease, they cannot evict him, that it is up to me. I have been trying for almost a year to get him to move out, but he won't go. Back in May of last year, I purchased an eviction kit and gave him an eviction notice. At this time he was paying rent, so I gave him a 20 day notice. Obviously, he didn't go anywhere.
My situation is a little complicated so bear with me. I have two boys ages 15 and 18, they both live with me. My boyfriend/roommate also has a son. This little boy is almost 7 years old. I have raised him as my own for his whole life. I love this boy more than I can express. The boys' name is Elijah. Elijah's biological mother was going to put him up for adoption, but decided to let his father and myself have a chance. She says that if I hadn't agreed to be there, she wouldn't have changed her mind. You see, Elijah's dad is Bi-polar, but refuses to take medication, he had a very rough childhood and doesn't know the first thing about what a family is supposed to be like, he is a convicted felon, unemployed, and the only place he has to live is with me. He has admitted on several occasions that the best place for Elijah is with me, but every time I get serious about making him leave, he threatens to take Elijah with him. I would gladly raise Elijah as my own and not ask for anything, but because I'm not the biological mother, I'm unsure of my rights.
My boyfriend has been physically abusive to me and all three of the boys at times, but whenever I threaten to get a restraining order he threatens to take Elijah with him . I fear for Elijah's safety and wellbeing if he is not allowed to stay with me. Elijah is already showing signs of behavioral problems that his physician feels is directly related to the problems with his dad and myself.
So, in a nutshell: I need my roommate out, I don't want to lose Elijah, I don't have alot of money, and a restraining order won't work because I do not want to keep Elijah from his father . This has been going on for so long that the tensions, stresses, and constant domestic episodes are taking a toll on everyone involved. Without a restraining order, can I make him leave? What are my chances of getting gaurdianship of Elijah? I've been in contact with his mother and she said that she wants me and not Chris to raise Elijah, will this matter to the courts? PLEASE HELP!

 

[freebird]

If it was me, I would file for the restraining order and follow through with all the processes, some of which you have begun. Without doing so the alternative is far, far worse even though you might not see that. You should also report the abuse to child protective services in your area. You will need to speak to the boy's natural mother and there may be a guardian ad litem (a court appointed guardian who assists) who will work with you. The first step is getting the restraining order. I won't tell you that this might not be a longer, draining process but the alternative is far, far worse. Do what you have to do now!!!!! Good luck to you.

My boyfriend/roommate refuses to leave. We have lived together for 8 years. He is not on the lease, but the landlord is aware of his continued residency. The landlord says that because he is not on lease, they cannot evict him, that it is up to me. I have been trying for almost a year to get him to move out, but he won't go. Back in May of last year, I purchased an eviction kit and gave him an eviction notice. At this time he was paying rent, so I gave him a 20 day notice. Obviously, he didn't go anywhere.
My situation is a little complicated so bear with me. I have two boys ages 15 and 18, they both live with me. My boyfriend/roommate also has a son. This little boy is almost 7 years old. I have raised him as my own for his whole life. I love this boy more than I can express. The boys' name is Elijah. Elijah's biological mother was going to put him up for adoption, but decided to let his father and myself have a chance. She says that if I hadn't agreed to be there, she wouldn't have changed her mind. You see, Elijah's dad is Bi-polar, but refuses to take medication, he had a very rough childhood and doesn't know the first thing about what a family is supposed to be like, he is a convicted felon, unemployed, and the only place he has to live is with me. He has admitted on several occasions that the best place for Elijah is with me, but every time I get serious about making him leave, he threatens to take Elijah with him. I would gladly raise Elijah as my own and not ask for anything, but because I'm not the biological mother, I'm unsure of my rights.
My boyfriend has been physically abusive to me and all three of the boys at times, but whenever I threaten to get a restraining order he threatens to take Elijah with him . I fear for Elijah's safety and wellbeing if he is not allowed to stay with me. Elijah is already showing signs of behavioral problems that his physician feels is directly related to the problems with his dad and myself.
So, in a nutshell: I need my roommate out, I don't want to lose Elijah, I don't have alot of money, and a restraining order won't work because I do not want to keep Elijah from his father . This has been going on for so long that the tensions, stresses, and constant domestic episodes are taking a toll on everyone involved. Without a restraining order, can I make him leave? What are my chances of getting gaurdianship of Elijah? I've been in contact with his mother and she said that she wants me and not Chris to raise Elijah, will this matter to the courts? PLEASE HELP!