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I live with my autism daughter and her father. We've never…

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I live with my autism...
I live with my autism daughter and her father. We've never married. We did not register as domestic partner as well. He has gf and is trying to evict me without my daughter. He has been psychologically abusing me in front of my daughter and I'd like to move out of state as soon as possible. What is my rights?
Submitted: 2 years ago.Category: Family Law
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Customer reply replied 2 years ago
I have not been working since I dedicate 100% to my special needs. Since he has his gf, things are awful and affecting her badly. I need to move out of here with my daughter to safe and peaceful place.
Answered in 1 hour by:
2/18/2016
Family Lawyer: Christopher B, Esq., Lawyer replied 2 years ago
Christopher B, Esq.
Category: Family Law
Satisfied Customers: 3,263
Experience: associate attorney
Verified

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

If you have lived in the house for more than 30 days even if you do not pay rent or have a lease, you would be considered a tenant and have the rights of a tenant. You would be considered a tenant on a month to month tenancy. He would have to give you 30 days notice to move if you have lived there less than a year or 60 days notice if you have lived there more than a year. He then would have to legally evict you. As to your daughter, if you want to move out and relocate, you have that right and could take your daughter out of state without a custody order. If you have never been married, the father ( even if named on the birth certificate) has to prove parentage. So you basically have more rights to your daughter than he does until a Court orders custody and visitation. If you are being abused, you could look into abused women shelters for short term help. Without a Court order, he could not stop you from moving.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

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Family Lawyer: Christopher B, Esq., Lawyer replied 2 years ago

Just checking back in,do you have any further questions?

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