Yes he is the father and basically says if I don't comply with his wishes he will seek custody of the kids and everything will be split in half...I don't want to kick him out only because I want to keep things civil...and to prove that I am not walking out, I am not kicking him out....that he is the one walking out of the family. I have spoken to lawyers but they both say that I have to wait until he leaves before anything can be filed. One told me that I cannot evict him since he is not a tenant.