Legal Question in Family Law in New York

Husband through me out and changed the locks? can he do that?

My husband and I had an arguement which was to result in a separation. when I returned home later that day, I found the loks changed and my husband demanding that I take our oldest daughter( not his biological daughter but has acknowledged paternity) or he would call child protective services. He has also filed for custody of the youngest child ( his biological son).The Police tell me all they can do is escort me to get my things. Legal services say they wont help becuase it is not domestice violence.

Can he just through me out of my own house like that? we are married!I am not on the deed.

dont I at least have thirty days? how do i gat help with gainging a divorce?


Asked on 6/18/03, 1:01 am

3 Answers from Attorneys

Seth Kaufman Seth M. Kaufman

Re: Husband through me out and changed the locks? can he do that?

I require more details to give you a realistic assessment. It was illegal for him to change the locks without first going to court. You need an attorney to immediately challenge the eviction and address custody and support issues. Please call me at 212-367-9167 to arrange a free consultation.

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Answered on 6/18/03, 8:23 am
Michael Markowitz Michael A. Markowitz, PC

Re: Husband through me out and changed the locks? can he do that?

No. He cannot stop you from entering the house without a court order.

I would suggest filing an immediate application with the Family Court demanding support for you and the child. The application can be prepared at the Family Court in the intake room.

Mike.

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Answered on 6/18/03, 8:23 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Husband through me out and changed the locks? can he do that?

No he cannot throw you out, but the police won't get involved because you don't have court order and its a civil matter. You need to get judicial intervention immediately from a family court judge. The advantage of a Court order is that if your husband does break it he will be in contempt and can be arrested.

Should you like to discuss this or any other legal matter, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699

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Answered on 6/18/03, 10:22 am


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