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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience:  25 years experience as practicing attorney
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My daughter is staying at her boyfriends coop in nyc. they

Customer Question

My daughter is staying at her boyfriends coop in nyc. they have a baby together. he just beat her again and he had him arrested and has a restraining order against him. She changed the locks. how long can she stay there for as she filing for custody? what rights does she have? he has another home to go to that they just bought together.
Submitted: 10 months ago.
Category: Family Law
Expert:  Dave Kennett replied 10 months ago.
DearCustomer- Unless they are in some kind of legal domestic partnership or marriage she would be considered the same as a month to month tenant. She would have to be served with the proper paperwork for a legal eviction which would require a 30 day notice to terminate the tenancy. From the time an action is filed she would probably have about 60 days before she could be physically removed by a court order but when the 30 days notice will be served I would have no way of knowing. She can stay as long as she likes if no one tries to evict her. Obviously it would be prudent for her to find other living quarters under these circumstances. She can apply for child support but would have no right to alimony or any kind of spousal support if there is no legal relationship.
Customer: replied 10 months ago.

What constitutes legal domestic partnership?

Expert:  Dave Kennett replied 10 months ago.
They would have to file for a license just as you would a marriage license and it is typically used by gay persons to establish a legal union. I seriously doubt your daughter would be in any type of legal relationship unless she got married. NY does not recognize common law marriage so that is not an option.
Customer: replied 10 months ago.

So Im assuming their daughter has no rights then at all? Shes filing for custody tomorrow based on the DV complaint as per instructed by the police. I just now told her to go to the ER as well since shes getting headaches and blurred vision. She has much facial bruising. Can I have her file a civil suit or does it have to wait for the disposition of his criminal case? Statute of limitations on Civil Suits?


 

Expert:  Dave Kennett replied 10 months ago.
She can file a civil case at any time as well as the criminal DV charges which are handled by the prosecutor. In her custody case she should also ask for child support which would at least provide some extra income to assist her in relocating. Of course I have no way of knowing if her boyfriend will pay or has any income but she needs to get the support established as soon as possible. The domestic relations laws do not protect unmarred persons with respect to property and support other than as to child support so that is the only relief she can seek beyond damages in a civil suit for assault.
Customer: replied 10 months ago.

They now own a home upstate together that was paid for. What type of lawyer would be needed to litigate anything from this?

Expert:  Dave Kennett replied 10 months ago.
That would be someone who practices real estate law. I'm not certain of what she will want to do with that property but if it is worth more than the mortgage she can force a sale through a partition suit. It is simply the same as owning the property with any other party as a partnership so the real estate, not domestic relations, laws would apply.
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience: 25 years experience as practicing attorney
Dave Kennett and other Family Law Specialists are ready to help you
Customer: replied 10 months ago.

Thank you

Expert:  Dave Kennett replied 10 months ago.
No problem and thanks for using our service - Dave

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