Stay at home mom troubles

[Salmay]

Jurisdiction

California

I'm a stay at home and me and my boyfriend of 5 years have been fighting here and there. He threatened to kick me out every so often. I have no gaming or friends to turn to and no money. We have 2 kids together. What can I do? Do I have any rights? My name's under nothing because he's the one who's worked.

 

[army judge]

We have 2 kids together. What can I do? Do I have any rights? My name's under nothing because he's the one who's worked.

If you and he aren't married, or haven't gone to court to establish paternity, those are YOUR kids.

That said, no owns another person.

If I were you, I'd never have dated, much less had two kids with the abusive, brutish, bully.

But, you did have two kids.

If I were you, I'd leave within 24 hours.
Where would I go?
Where I was always welcomed, back home to mother and dad.
If not to mother and dad, a sibling, a cousin, an uncle or aunt, or grandparents, or a friend.
None of those, then a women's shelter, because they'll help and they care.
I'd then file for paternity and child support from the bully.
Yeah, that's what I'd do.

 

[mightymoose]

He might tell you to leave but can not not legally force you out. If he tries, law enforcement will straighten him out on that matter and help to get you back in.
The writing seems to be on the wall. Don't be rushed out against your will, but start planning your exit. Contact your county social services to find out what shelters and assistance may be available to you in case you need to leave.

 

[txls]

Legally he cannot force you out, but you need to make sure you are in a safe place for yourself and your children.

 

[leslie82]

Couldn't he have her evicted?

 

[army judge]

Couldn't he have her evicted?

Possibly, but sometimes depending upon what MAGIC words someone utters, evictions can be forestalled.

One thing I try to teach others about the law, unlike other disciplines (for example math), the law is fluid.

Fluid how?

Have you ever played with mercury?

Try it (although touching it can be hazardous to your health), or search YouTube and you'll understand fluid.

Once paternity is proven, the subject of emergency child support can begin.

 

[ElleMD]

So this guy has been fully supporting you and your kids for 5 years without any legal requirement to do so. If you had been married, at least in a divorce you would be entitled to some of the marital assets and possibly alimony, even if you did not work. As it is, while he would have to follow the legal procedures to formally evict you, he has zero obligation to pay one penny to support you. I would strongly suggest finding a job as it sounds like this relationship is nearing its end and you will have to support yourself and the kids. If paternity is legally established, he would have to pay something toward their support, but that is going to take time and likely will not be enough to support you all.

 

[mightymoose]

Couldn't he have her evicted?

Maybe, if he owns the property, but it would be the typical lengthy process with a child custody wrinkle in it.

 

[ElleMD]

You don't have to own the property to have someone evicted. Assuming these are legally his children, he would owe child support but if his name is the one on the property or lease, she doesn't have an automatic right to live there, even if she has children.

 

[leslie82]

You don't have to own the property to have someone evicted. Assuming these are legally his children, he would owe child support but if his name is the one on the property or lease, she doesn't have an automatic right to live there, even if she has children.

What if her name is on the lease? Most places have any adults who are residing listed on the lease in my experience.

 

[ElleMD]

She said her name wasn't on anything in the original post. I can only answer based on what the posters share.

 

[leslie82]

Oh I missed that somehow. Or forgot...my bad.

 

[shrinkmaster]

In order to evict you there is a process. Its starts with notices. The entire process takes months