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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101014
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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LIVE WITH MY GIRLFRIEND AND SON, SHE IS KICKING ME OUT AND

Customer Question

LIVE WITH MY GIRLFRIEND AND SON, SHE IS KICKING ME OUT AND THREATENING THAT I WILL NEVER SEE MY SON WHAT RIGHTS DO I HAVE?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

1) What state are you in?
2) Is your name on the lease/deed to the property? Is hers?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
I am in Massachusetts
The house is in her name I don't care about the house I don't want to loose my son. She verbally assaults me, i feel like i am a hostage I work and go home otherwise I can't see my son. I can't even meet my brother for dinner.
Expert:  Ely replied 1 year ago.

Thank you.

What someone in your situation may wish to do is to file for custody, formally, with the Court.

The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc. The courts generally do not like to split the custody 50/50 since this is hard on the child unless both parents agree to this.

One parent usually becomes the custodian and the other parent becomes the "visiting" parent which is generally one day a week, every other weekend, and alternating holidays. The nuanced points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement.

Even if a parent does not get managing custody, they are almost guaranteed visitation unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even visitation, although supervised visitation may be granted by the Court.

Of course, that is the standard order of possession. That order can be modified if both parties agree or if the Court finds that it is an extraordinary situation.

Of course, I am assuming that you may be moving out then, soon. Also, note that while the custody suit is pending, temporary orders may be requested that would set temporary custody per above until revisited at final hearing.

Good luck.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith by rating me positively.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!