Bronx, NY asked in Family Law and Child Custody for New York

Q: My daughter is in an abusive relationship. She has an 10 yr old daughter that's not the boyfriend's but has a

3 month Old son with him. She wants to leave and come home with me. He said he'll call the cops and CPS if she does. Because I don't have an actual bedroom for the daughter or baby. Does that matter? It would be temporary til I can get her somewhere else to live. She doesn't have a paper trail because she's never called the cops on him. He's always drunk and came home from work today drunk. Started on her right away. She can't leave the house with the baby. He won't let her. I don't know what to do. I own my home. I'm well equipped for a baby. My youngest daughter and her baby live with her dad and me as well. How can I help her?

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

A: Your daughter can move in with you. The police will not do anything except tell everyone to go to Family Court. CPS won't get do anything unless the children are in danger. Your daughter should move out and immediately go to Family Court and file a Family Offense petition and ask for a stay-away order of protection. She should also file a petition for custody of the baby at the same time. Your daughter should also consult an attorney as soon as possible.

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