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NYFamilyLawyer, Lawyer
Category: Family Law
Satisfied Customers: 584
Experience:  Owner, attorney in private practice, licensed for 36 years as a trial and appellate attorney
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My husband says he's filing papers Monday and requesting the

Customer Question

My husband says he's filing papers Monday and requesting the court that I be asked to leave the home, leaving our 6 year old daughter here with him (he's asking for full custody) to avoid 'confrontations'. The only one being confrontational is him - I've had to call the police twice and have a report filled out. Our daughter is scared of him at this point (he was doing it around her). Will the courts order me to leave the home?
Submitted: 4 months ago.
Category: Family Law
Expert:  NYFamilyLawyer replied 4 months ago.

Hello. I’m a licensed attorney with 36 years’ experience. I am a family lawyer and an appellate attorney, but I have many years’ experience with landlord-tenant issues, contract law, and other types of law. I also have written hundreds of legal articles. I look forward to helping you today.

Please note: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 attorney on this site.

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Please also understand I am typing my answer to your question – usually a detailed answer – and I’ll be back to you asap.

Expert:  NYFamilyLawyer replied 4 months ago.

From what you're telling me, it's doubtful that they will. They're not going to want to put your daughter out of the house, and you have two documented police calls for disputes. Can you tell me a little more about those two police calls and why they were there?

Also, I'd need to know why your husband thinks he's able to get custody. Thank you. This will help me answer your question.

Expert:  NYFamilyLawyer replied 4 months ago.

I don't know what happened, and there isn't enough information here for me to give a detailed explanation because this is very vague, but I can answer it and I'll presume that 1) the police came out twice, 2) there was domestic violence reported, and I do know that 3) your 6 year old is scared of him, and 4) whatever he did, of a domestic violence (DV) nature, he did in the presence of the child. The other thing I don't know is if he's going to serve you for the application but I'm going to presume he is because he told you about it.

I represent children in NY as an Attorney for the Child, like a Guardian ad litem (GAL) in your state. I look at things from all perspectives including and especially the perspective of the child.

If he's submitting papers and serving you, I presume you will be there to argue against him. You need a lawyer right away. Of course he did this on a Friday so you didn't have time to get a lawyer. If you call some lawyers right now you might be able to find someone working late. Let me know where you are right away and I'll send you a list of family lawyers in your area so you can start making phone calls.

You need to argue that there have been DV fights for (how long now?) _____ months/years, that they are in the presence of the child, that the child is afraid of him, and that he expresses no remorse afterwards. If he does express remorse, leave that part out.

Tell the court that you are the one who takes care of the child, you take the child to school, to doctors, to appointments, to the park, etc. and that you're the one raising the child. In that event, the court will hear that you are the primary caretaker.

You have to state this: it's not in the best interests of the child to be with him. He scares her and he intimidates her and me. He's not interested in custody, he just wants to make sure I don't get it and he's controlling.

Tell the judge that you don't start anything and that you are the victim and that --and this is very important -- the child is the victim of your husband's DV behavior. In that event, they will look to put him out of the house, not you.

If there is more you can tell me let me know.

In the meantime, you may have time to call lawyers in your area. I will still be here so let me know what town/city you're near so I can send you a list of lawyers immediately.

Does this answer your question?

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Expert:  NYFamilyLawyer replied 4 months ago.

Would you like to have a phone call? I am happy to have a phone call with you if that would help you. Just let me know.

Expert:  NYFamilyLawyer replied 4 months ago.

Just let me know if you want a phone call or other service, which I'm happy to do. Sometimes it's easier talking on the phone than typing it out.

Expert:  NYFamilyLawyer replied 4 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you, or if there is anymore information that you need. Thanks!


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