Legal Question in Family Law in New York

Re: Legal age

I disagree with some of what my colleague states.

The Landlord/tenant courts will assist you. However, the action will be for 'ejectment'. Recent changes have given the Housing Court the ability to decide this type of case.

The documents are not complex and I am available to draft them for you. Sometimes just showing the 'summons and complaint' is enough to change a person's persepective.

This is a difficult and complex situation and there is more than one way to approach the problem. I would recommend that you seek counseling all together as a family and take it from there. Lawyers are a last resort, and a welcome tool when other approaches have failed.

You are welcome to a consultation for no fee.

Re: Legal age

Unfortunately, in NY, a parent is generally obligated to pay child support for their child until age 21, even when their child, has a child.

But, I do not believe the Court can require you to continue to live with your child, with her child, in your home. However, removing her from your home, can be a sticky business. And, the parent does not really have any rights, that are easily enforceable.

A " near adult child" is not a "tenant" "squatter" or even a "licensee." Which means that ordinary Landlord Tenant Laws and procedures, generally do not apply.

You may file an "Emancipation" Petition in Family Court, which even if sucessful, in the present climate, may not relieve you of paying support to your child, outside of your home.

So, I suggest that you plan on "helping" your child to find and maintain other housing, for herself & child, ASAP. Talk to her and give her ultimatums, that you stick to and a time table.

Call social services, and/or investigate having your child, with her child "removed" from your home, and possibly "placed." Or, YOU Find housing for her and move her. Or, YOU deny money, resources and support to your child and the infant. Request Social Services, intervention and request removal your child's child from your home, (you have no legal obligation to support your child's child); and then remove, exclude or "place" your child, from your home.

Some parents, in order to get rid of their "leeching children," have gone to the extent of selling their home and moving, w/o a forwarding address or access to their new home.

These suggestions are harsh and may sound like last resorts. But, it could come to that, so be prepared. Also, the following questions, may help you to understand how these circumstances came about; and help you develop the resolve to follow through with helping your child, "get on with HER LIFE," instead of attempting to destroy yours. Remember that a parent's primary job is, preparing their children to take care of themselves and their own children. Thus, you will continue to fail, as a parent, if YOU don't push the chick w/chicks, out of the nest.

Make your peace with: Why you didn't have your daughter removed from your home, before she delivered? Why your daughter apparently believes that you were and are willing to continue to support and care for her and her child? Why your child believes she is more important than and valuable than you.

Good luck,

Phroska L. McAlister,ESQ