Q: We have two children together aged 9 and 13, he claims I am not fit to bring up the children (not true) I have no transport and live 2hrs from any family. How do I get him to leave because it is not going to be easy and i am scared of him. Can you help?
A: David's Answer: If you're married, you can file an application for exclusive occupancy. If you're not married, then the question would be: who is on the lease? If you're both on the lease, then you both have a legal right to possession of the premises until the lease runs out. Thus, you'd either need to wait it out or consider removing yourself from the premises. Either way, you're best advised to file a petition for custody of the children prior to separating. Schedule a consult with a NYC Child Custody lawyer for more info. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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