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Hi, thank you for your question. Just a bit more information required to fully assist:
-Are they in England or Wales?
-Are there any formal agreements in place regarding the property?
-What are their respective financial positions?
Thank you. Firstly, as they are not married and the property is in his sole name she has no automatic rights to remain in the property. If she is unable to get suitable accommodation for herself and the child, either in the private sector renting or through the council, then she can apply to court to remain in the property - but the court will need to assess both their full circumstances before granting an occupation order to exclude the father from his property.
If the child remains in her care she will be in priority need and the local authority will likely agree that they have a duty to assist her in relation to accommodation for the benefit of the child.
In relation to child maintenance, she can claim this from the father and is based on his gross salary and how many nights a week on average the child stays with him overnight - if they cannot voluntarily agree between them then she can apply to the Child Maintenance Service.
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