I was asked the following question on the Law Guru website
My wife and I are having problems. We are proposing a temp. separation. Things are getting heated, with demands and threats… ”If I don’t do as she wishes or says” she will call 911. I avoid her as much as possible, most of the threats are over the phone. We also have a 5yo child. I don’t know what to do. Do I move out per her demands and face abandonment, do I call 911 first??
If your spouse commits or even threatens to commit an act of violence the police should be immediately summoned. When there has been an act of domestic violence and the police forced to respond, they have no discretion and will make an arrest.
In cases where each of the parties accuses the other of domestic violence, both parties could find themselves under arrest. The police will arrest both parties and let the court sort out the facts and determine who is the violent offender. When there is an arrest, an order of protection is issued.
In cases where there has been no actual violence, but your spouse still threatens to call 911, it is best to simply leave the home. It is simply too dangerous to remain under the same roof with someone willing to make false accusations of domestic violence. From my professional experience, these threats are carried out. Fights are provoked and the police are called.
If you are arrested an order of protection will be issued and you will be expelled from the marital home. As a result, you may have limited access to you children and you unable to retrieve your clothing and other personal property unless escorted by a police officer.
Given that your personal liberty is a stake, there is no downside to leaving the marital home given the threats.
Fighting For Custody Of Your Children
When you’re forced out of your home and faced with the prospect of fighting for custody of your children, the situation can feel overwhelming, as our trusted New York, NY family lawyer knows. At the Law Office of Daniel Clement, we understand the gravity of these circumstances, and we’re here to provide the legal guidance and support you need to protect your parental rights and secure the best interests of your children. Attorney Daniel Clement specializes in multiple family law areas, including prenup agreements, property division, divorce, and child custody. For help, call our office now.
Understanding Child Custody Battles
Navigating a custody battle after being forced out of your home presents unique challenges, but there are steps you can take to advocate for yourself and your children effectively. It’s essential to seek legal advice from an experienced family law attorney who can assess your situation, explain your rights, and guide you through the legal process. A knowledgeable attorney can help you understand your options and develop a strategy tailored to your specific circumstances.
Document Why You Left
Documenting the reasons for your departure from the home and any attempts to maintain contact with your children is crucial. Keep records of communication with the other parent, as well as any relevant court orders or agreements regarding custody and visitation. If you believe that your children are in immediate danger or being subjected to harmful conditions in the other parent’s care, don’t hesitate to take action to protect them. Contact law enforcement or child protective services if necessary and inform your attorney of the situation.
Our New York family lawyer knows that when seeking custody of your children, it’s essential to focus on their best interests and demonstrate your ability to provide a stable and nurturing environment for them. Be prepared to present evidence of your involvement in your children’s lives, including your role in their education, healthcare, and extracurricular activities.
Gathering Evidence
When seeking custody of your children, gathering compelling evidence to support your case is essential. This evidence may include documentation of your involvement in your children’s lives, such as school records, medical records, and records of extracurricular activities. Additionally, witness testimony from teachers, healthcare providers, family members, or other individuals who can attest to your parenting abilities and the positive relationship you share with your children can be invaluable. Keeping a detailed journal of interactions with the other parent and any concerning behavior observed regarding your children can also strengthen your case. At the Law Office of Daniel Clement, we can help you identify and gather the evidence needed to support your custody claim effectively.
Throughout the custody proceedings, prioritize effective communication and cooperation with the other parent whenever possible. Demonstrating a willingness to work together in the best interests of your children can strengthen your case and potentially lead to amicable resolutions.
Get Legal Help
If you’re facing a custody battle after being forced out of your home, don’t face it alone. Contact us today to schedule a consultation and let us provide the legal guidance and support you need to protect your parental rights and secure the best possible outcome for your children. Attorney Daniel Clement has focused his career on family law and even writes for a blog called “New York Divorce Report.” He is ready and available to help you through this difficult time.Together, we can navigate this difficult process and work toward a brighter future for your family. Schedule a call with our family lawyer in NYC today.
Family Law FAQs
Family law matters can be stressful and raise many questions about your rights, responsibilities, and the legal process. When you face issues like custody, visitation, or parental disputes, it helps to have guidance you can trust. Our New York family lawyer can help you understand your options and represent your interests while focusing on practical, fair solutions for your family. Below are some common questions we receive from our NYC clients.
How Do I Win Over A Family Judge In Court?
While no one can control a judge’s decision, we can help you present your case clearly and respectfully. The court looks for evidence that supports your ability to care for your children, follow court orders, and act in their best interest. Showing consistency in your behavior, demonstrating cooperation, and presenting accurate documentation can strengthen your position. Our NYC family law attorney works with you to prepare your case and present your side effectively without unnecessary conflict.
What Looks Bad In A Custody Case?
Certain behaviors can negatively affect a custody case. This includes missed appointments, ignoring parenting responsibilities, creating conflict with the other parent, or using children as leverage. Courts also consider the home environment and how each parent communicates with the child. We guide you in avoiding actions that could be viewed unfavorably and help you focus on what matters most for your children’s stability and well-being.
What Deems A Parent Unfit In NY?
In New York, a parent may be deemed unfit if there is evidence of abuse, neglect, abandonment, or substance use that endangers the child. Mental or physical incapacity that prevents proper care may also be considered. Our role is to help you understand how the law defines fitness and to assist in presenting information that protects your rights while prioritizing the child’s welfare. Our NY family lawyer can provide advice specific to your situation.
Can A Mother Refuse Access To The Father?
Generally, one parent cannot legally deny access to the other without a court order. Custody and visitation rights are established to protect the child’s relationship with both parents. If there is a concern for the child’s safety, it is important to bring it to the court rather than unilaterally restricting access. We help families address disputes over visitation in a lawful and structured way.
Can My Wife Take My Child Without Permission?
Taking a child without the other parent’s consent can have legal consequences, including contempt of court or allegations of parental kidnapping. Court-approved custody and visitation agreements must be followed to prevent complications. Our New York family lawyer will work with you to address any unauthorized actions and to ensure your custody rights are protected.
You Deserve Solid Support
Family law situations are often sensitive and emotionally charged, but having professional guidance can make the process more manageable. At the Law Office of Daniel Clement, we are committed to helping you protect your children, your rights, and your family’s future. Contact us to speak with our attorney and discuss how we can help you move forward with confidence.
