Legal Question in Family Law in New York
evicting boyfriend/child custody
I have been living with my boyfriend of 7 years for 6 months we have 4 children together he is not on the lease but he recieves mail/bills under his name. How can I go about evicting him and how can I keep custody of my children?
2 Answers from Attorneys
Re: evicting boyfriend/child custody
You can obtain an order of protection from him if he is violent or abuses you; or if this is your house.
Custody you can obtain through the Court or by agreement with your boyfriend.
Re: evicting boyfriend/child custody
Since you are not married, the boyfriend's tenancy and custody are separate issues. For an eviction, you would have to serve a 30 day notice to revoke his "license" to stay in the apartment. After the 30 days (1 calendar month), you would commence a summary proceeding for an eviction.
Since you are on a lease - having a legal residence - I believe you have de facto custody of the children. However, you can always file a petition in Family Court to be the custodial parent.
You should never file for an Order of Protection unless there is abuse. The penalty to file a false report is severe.
Mike.
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