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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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I live with my boyfriend and our daughter who is 3 ...

Resolved Question:

I live with my boyfriend and our daughter who is 3 months old. I do not work outside the home since her birth. If i were to leave him ( infidelity ,mental and physical abuse, alcoholism) what are my and his fiancial and legal rights? He has all our money in cash, except for most of our bills are in my name because I have better credit!!
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
In an unmarried situation the mother is considered to have sole legal rights over the child. The father has no rights unless paternity has been established either by signing the affidavit of paternity or by petition for paternity testing. If there are no court orders in place, both parents have the same legal rights and responsibilities to the child. Since there is nothing restricting or limiting your rights to custody, you can leave the relationship and take your child with you. If the father wants visitation or custody rights, he would need to petition the court for those court orders.

In general the non-custodial parent is obligated to pay child support. This means you can file with the state or through the courts to get a child support order in place. Child support will be based on the income of both parents and any other needs the child may require.

Unfortunately New York does not recognize cohabitation as a common law marriage, so you do not have rights to be considered a common law spouse and will be unable to claim a share of his money. As to the debt, each party is responsible for the debts in their own name, unless you can prove he agreed to be responsible through a verbal or written agreement (meaning you would have to sue for his contributions).


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Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice.I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.
Customer: replied 8 years ago.
Reply to LawNinvest's Post: Do I have any rights in regards XXXXX XXXXX him out and staying in our apartment that we've been in 4 months that has no lease. our previous apt was leased to me for 5 years, 11 months of which he lived with me
Expert:  Attorney & Mediator replied 8 years ago.
Since he has been allowed to live on the property, he is considered a tenant, so the only way to force him out would be through an eviction or obtaining an order of protection if there has been domestic violence in the household.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice.I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.
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