Q: father is the legal homeowner and will seek custody of the child because the mother is a chronic alcoholic. The relationship cannot be saved. Rehab and therapy have not worked. Can the mother be ordered or evicted from the home if she is not willing to leave voluntarily?
A: David's Answer: Yes - the homeowner would need to give due notice of the eviction and then start a summary eviction proceeding in civil court. Simultaneous to same he should file for custody. The father should schedule a consult with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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