Legal Question in Family Law in New York

my brother has an apartment with no lease month to month and with him is his four year old son and child mother. they are no longer a couple and been living unhappy for the past 2 years,he wants to move out but she keep telling him about childsupport and abandonment of his child and she will take him to court. He has no problem with supporting his son what should he do about leaving the home without the drama or law coming after him ??


Asked on 1/07/11, 3:02 pm

1 Answer from Attorneys
Paula McGill Attorney at Law

It's apparent he will not be able to resolve the matter out of court. So, he has to beat her to the punch. He should consult with an attorney before the move, file for custody/visitation, and let the court resolve how much child support should be paid. However, the move and court filing should be done within a few days after each other. Moreover, he should give the proper notice to the landlord regarding his move.

NEW YORK

1225 Franklin Avenue

Suite 325

Garden City, NY 11530

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Answered on 1/12/11, 5:31 pm


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