Legal Question in Family Law in New York

endangering the health of a minor

I live below my inlaws and for the past 3 years i have asked my mother-in-law to not smoke in the house since the smoke comes up and i have a soon to be 3yr old son. He has been suffering from ear infections since he was a baby. The doctor asked is he near someone who smokes. She also doesnt clean her house and the smell of garabage comes up as well. Unfortunalty my husband and I cant afford to move at this time.

Please help


Asked on 3/14/07, 3:46 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: endangering the health of a minor

Any legal action you may attempt, to control what your mother in law, does or does not do in her home, is likely to be unsucessfull. It will probably be much more costly to you in every way, imaginable.

Therefore, If your mother in law appears to need medical or physchiatric assistance, YOUR HUSBAND should arrange for same, with his mother.

Suggest that you consider installing a heavy duty air filtering system.

Suggest that you Ask mother in law, to accept YOUR HUSBAND regularly paying for a cleaning person to assist his mother, in improving the organization of her home, for HER health, safety and comfort.

Also, suggest that you plan to move, ASAP, whether you believe you can afford it or not.

Good luck,

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Answered on 3/14/07, 5:53 pm


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