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NY law to move back home?

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I called a local shelter, and the person I spoke to said that there is no physical abuse and there is only room for emergency cases there. Is there a way to make my spouse move out of here so my child will not miss school?
 


BL

Senior Member
momof2boys1girl said:
I called a local shelter, and the person I spoke to said that there is no physical abuse and there is only room for emergency cases there. Is there a way to make my spouse move out of here so my child will not miss school?

You should know that unless there is domestic Violence , the Police , or Court will NOT make your spouse move . He has just as much right to reside in the home as you do.

You don't state what's going on with the child(ren) and missing school ?

I'm sure if the child(ren) were missing too many school days they would contact the Parents . If the children are NOT going to school at all ( both ) parents can be held responsible for neglect. By LAW the children MUST be enrolled in school and attending .

If there are issues at school , talk to the school's personnel . Teachers,councilors, Principle,vise Principle , Etc .

It is your Duty to make sure the kids are being taken care of .

If your spouse is interfering bring it to someone's attention .

Call the CPS hotline and ask what actions you CAN take. It would be on record of YOU being the reporter , so it is unlikely YOU would be a subject of the investigation.

Again , contact the Court house to see if they have advocates that can help you in Family Court Petitions, matters,Etc.

Again , try your State's ( welfare ) Office for a LL tenant Form. Find a LL that's willing to sign it , and see if you can get assistance and move .

This may be difficult however without any Domestic Violence occurring , and they may state you have a place to live, and support.

I don't think under the circumstances you can MAKE your spouse Leave.

If an investigation shows your spouse is neglect the children's needs , then you might be able to get some help .
 

nextwife

Senior Member
momof2boys1girl said:
Is there a way to make my spouse move out of here so my child will not miss school?

Kindly explain what not wanting to continue to live with your spouse has to do with your child missing school? I don't understand the connection.
 
He hasn't missed school, he's in 3rd grade, his grades are good and I try and keep them as much "unenvolved" as possible. The other 2 are home with me, no school. I was just thinking of I went to a shelter downtown he couldn't go to his school here in town where he goes now, that is the problem. I am going to go up to family court this week and file custody paperwork that the family counseler suggested I do first to get that ball rolling. Good week to do so since the boys are at their father's house this week on Spring Break, only have the baby here :)
 

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