Legal Question in Family Law in New York

Re: Bi polar

In general terms, you need documentation from the police and hospital/medical records to show incidents of abuse and assaults. You can file for an Order of Protection and ask for her to be excluded from the home. However, it is very difficult to exclude a person from the home, unless you can prove your case in Court; the Courts are less likely to exclude her from the home on permanent basis. For sole custody, you will have to prove that she is an unfit parent; a mental illness may not be enough, unless substantiated by acts of violence. Talk to a health care professional.

Re: Bi polar

As for getting your significant other out of the co-op you can start a landlord tennant action, I would consult and attorney. As for custody, you will need to complete and total documentation of her illness, criminal history and you will need eye wittnesses to testify on your behalf to demonstrate to the court that she is unfit as a mother or guardian. That is very tough. If you feel that your child and you are in physical danger, you can go for an order of protection in family court.

You will want to get an attorney. The issues are complicated and will need through planning to accomplish what you want.

Joel R. Salinger, Esq.

Re: Bi polar

I am assuming that there are no domestic incidents arising to the level of going to court for an Order of Protection. If that is the case then the only other way to evict her is to go to Housing Court. YOu then must petition the court for custody of your son and the courts will use a "comparative fitness" test to determine the best interests of your son. You will have to prove that you are the more fit parent.