Q: Can my sons mother kick me out the house. On thanksgiving I ended up having a bike accident. Very bad one at that.
Had to have surgery in GA cause deductible was cheaper. I been gone from home for about three months I can now travel. Now she tells me she is dating someone and I can’t come home. My son is devastated about all of this. Do I have rights been there for over two years. I travel for work and we moved there together. Can she tell me I can’t come back or can I Exercise my rights go back.
A:
In California, if you are not married to your son's mother and there is no legal agreement stating otherwise, your right to live in the home depends on whether you have established residency and/or whether you are on the lease or title of the property.
If you have lived in the home for a significant period and have established residency, your son's mother would need to go through a formal eviction process to remove you legally. She cannot simply kick you out without notice.
However, if you are not on the lease or title and have not established residency, she may have the right to ask you to leave.
Given the complexity of your situation, it is highly recommended that you seek legal advice from a qualified attorney who specializes in housing and family law in California. They can assess the specifics of your case and advise you on your rights and the best course of action.
Additionally, if you are concerned about your son's well-being and your parental rights, you should also consider consulting with a family law attorney to discuss custody arrangements and visitation rights.
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