Legal Question in Family Law in New York

Husband informed me he was ending our marriage and having an affair. He expects to still live together and will not communicate at all. We have two young children and he has been bringing them around new women of which is 18 years younger than he and feels he has the right to do this. Also he has been taking money from paycheck leading me to believe what is deposited into shared acccount for living expenses and debt payments is all he has made per pay period. What are my rights in this situation and the steps needed? I am concerned number one for our children and the emotional and mental damage he may be causing. I also have been made aware our nine year old son has been lying for his father as to when they spend time with this women. What are my childrens rights as well?

Asked on 6/12/10, 5:27 am

2 Answers from Attorneys

Paula McGill Attorney at Law

You don't have to wait for our husband to file, you can file for divorce on the grounds of adultery, ask for support, child support, and custody of the children. Under most circumstances, he will be able to obtain visitation. However, you can request that he have no overnight guests during those visitations. If he fails to comply with the order, he can be held in contempt and possibly lose his visitation rights.


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Answered on 6/12/10, 9:02 am
Pasquale Calcagno Calcagno & Associates, PLLC

I am very sorry for your terrible ordeal. You should make the first move and file for divorce as you can petition the court for immediate relief such as excluding him from the home, the bank account and preserving your rights to the assets. You will likely receive maintenance (alimony) custody of the children and child support. We will also request the court have him pay your legal fees.

As to the issue of keeping his new romantic interests away, we can set forth a specific visitation schedule and prevent these women from being around your children. Time is of the essence and it is important we move swiftly so do not delay.

Call me for a free consultation at 1(800)WE-FIGHT. I have offices all over New York for your convenience. We look forward to fighting hard for your rights.

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Answered on 6/12/10, 2:58 pm

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