What should I do if my wife is leaving me?

My wife has walked out on me. She has gone back to her ex. She has threatened to take my son with her. What should I do? What are my rights? Do I have a legal right to the home? What about visitation with my children? She also doesn't work as my income adequately covers all of our expenses.
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Answered By: Evans & Al-Shabazz
In New York we have very clear laws about distribution of property that is of the marriage (marital property) and pensions. We also have clear rules about custody and visitation. If your wife has abandoned the home I'd go to your local family court and make a filing for temporary custody/visitation of the child(ren). You don't need a lawyer to do this the Clerk in the Family Court will help you with this. That's what I'd do first.

Answer Applies to: New York
Replied: 11/17/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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