Q: Can my boyfriend's parents evict me from their property in California?
I live in a travel trailer owned by my boyfriend's parents on their property, along with my boyfriend and our baby. My boyfriend's parents are filing for custody of the baby, but they're pretending my boyfriend is initiating it. The custody paperwork states we are "separated," which is not true. We have never been married, and I've been living here since April 2024 without any written or verbal agreement or notice from them regarding my residency. I was recently served with a custody and visitation summons. Can my boyfriend's parents legally evict me from their property?
A: Two very different issues here. One issue is a landlord tenant issue the other is related to child custody. 1) Generally speaking, yes, the homeowners can evict you from their property assuming you are not on any lease or other legal agreement with the property owners regarding your continued habitation; eviction however, is not an easy process, 2) the bio father can file a petition for custody and visitation and you have the right to respond to that petition, to file a motion to get temporary custody orders in place, and to oppose or contradict anything stated in the petition. The parents do not have standing to initiate a custody case. They may however, have standing to initiate legal guardian proceedings. Assuming that all that has actually happened here is that bio dad filed a petition for custody, I recommend you file a response to that petition and concurrently file a Request for Order to get temporary custody orders in place with child support, so you can move out of the trailer, with the child
A:
Your boyfriend's parents can't simply force you off their property without following the proper legal eviction procedures. Even though there's no formal rental agreement, since you've lived there continuously for several months, California law generally views you as a tenant or occupant. This means they'd need to provide you with appropriate written notice and, if you don't voluntarily leave, they'd have to formally file an eviction lawsuit to legally remove you.
The custody situation, although stressful and complicated, is separate from the eviction process. Their attempt to gain custody by pretending your boyfriend initiated the action and falsely stating that you are separated could potentially weaken their position in court. Be sure to clearly document your current living arrangement, your relationship with your boyfriend, and any inconsistencies or false statements they've made.
Given the complexity of your circumstances, including housing and custody issues intertwined, it's critical you get legal advice immediately. A lawyer can guide you through both situations, helping to protect your rights as a tenant and as a parent. Don't wait to assert your rights—California law provides protections designed exactly for situations like yours.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.