Legal Question in Family Law in New York
is this abandonment
my son and his girlfriend are living together for9 yrs.they have 2 children, she's throwing him out... if he leaves on her request.. is that abandonment? and can she use that in custody fight ..if any? what are his legal ablegations? should he just leave..she has someone else..
2 Answers from Attorneys
Re: is this abandonment
You have my sympathies for this situation. I am sorry that your daughter - in - law has been unfaithful and this will likely result in less contact betwen you and your grandchildren.
It will result in no difference between this result and the results had the 2 of them been married. Only the chances of her being awarded 'financial support or alimony' will be lower.
You must work harder in this situation to stay a part of your grandchildren's lives. You actually have a legal right to 'grandparent visitation'.
good luck
Re: is this abandonment
If your son wishes to seek custody of the children, he should not leave them alone in the care of the mother. If he does leave, he should seek immediate judicial intervention to seek custody.
Daniel Clement
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