Answer

Unfortunately since you have allowed her to stay on your property, she is considered to have the same rights as a tenant. Unfortunately this means that you cannot legally force her out without an eviction order. You would stand in the same position as a landlord and would need to serve her notice to vacate the premises.

In the alternative, if she has been physically or mentally abusive to you and your child you would be eligible to obtain an order of protection and have her leave the premises this way. To qualify for the restraining order you would need to show that there is domestic violence in the household.

Otherwise, to legally force her out you would need to evict her.

In addition, you have the right to request modification of the current custody orders if mother is the custodial parent of the child. In the modification you may be able to request that she leave the household since she is a detriment to your child's well-being.

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