Legal Question in Family Law in New York
Unmarried Couple Question
NYC - Have a child in common, unmarried. Tumultuous
relationship throughout. Father still keeps many possessions in
my apartment. He lives out of home, but uses my apt. as
storage. Because he is the father, can I legally kick him out with
an 'order to vacate'. He pays no bills and name is not on lease.
I hope to apply for sole custody in near future. If I win, can, am I
within my right to request he not bring my son to a particular
address that I see as an unfit environment. Thank you in
advance.
1 Answer from Attorneys
Re: Unmarried Couple Question
If the father is not living with you, you do not need to evict him or get an "order to vacate". Send him a letter (certified, return receipt requested) telling him to remove his belongings. If he doesn't do so within a reasonable period of time, ship the stuff to him or put it in storage.
Custody issues are a lot more complicated. Whether or not you win sole custody, or even during the course of the proceeding, you can ask the court to prohibit the father from exposing the child to certain activities or environments, but they probably won't do so unless there's a serious risk to the child's well-being. What makes the particular address an "unfit environment" for your child?
Call me at 212-367-9167 if you wish to discuss this further.
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