Oxford, NY asked in Family Law and Landlord - Tenant for New York

Q: My children's father hasn't worked in three years and I would like him to leave our rented home. What are my options?

My children's father and I have lived together for more than ten years. In the last three years, he has not worked at all nor contributed to paying any bills. I have asked him to leave our rented home and attempted to make arrangements for us to split custody of the children, however he has not even tried to work with me and simply refuses to leave. We aren't married, so I can't ask for a divorce. I'm not sure if I can sue for full custody of the kids and request that he get a job and pay child support if we are still living together, or what my legal options are. I have tried to find new housing for myself and the kids alone, but am finding that's a rather difficult task.

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1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: Unfortunately, there is no way you can get him out of the house unless you were to get an Order of Protection that orders him out of the house. From what you have said, there are no grounds for an order of protection. You can however bring on a petition for child support in family court as he is not paying any of the children's expenses.

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