Legal Question in Family Law in New York

What are one's rights?
My son just asked his wife of 1 1/2 years (he is 22, she is 22) for a divorce due to verbal abuse, physical abuse, and the fact that she goes out 3-4 times a week and stays out until 5 a.m. and comes home drunk. They have a 15 month old son. He left their manufactured home the same day and came to stay with us until he could get legal counsel. She has since changed the lock on the door. The house and just about everything they have, including two cars, are in his name only. What rights does he have? Can he break into his own home, since it is his? How can he prove she is unfit as far as being able to take care of their child?

Asked on 5/30/01, 6:53 pm

Garry Hanlon

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Re: What are one's rights?

Until there is a court order to the contrary

she cannot exclude him from the property

he may break the locks on his own property

It sounds as though he has good grounds for

a divorce. No one can say based upon the

evidence presented as to where the child

should live. This is a best interest of the

child analysis and is not cut and dried

you should hire counsel immediately

Answered on 6/22/01, 10:16 pm

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