Does my son’s father have a legal right to move back intothe apartment that we previously shared 5 months ago?

We moved out of my apartment in the summer into a larger apartment. His brother stayed in my apartment at that time. Unfortunately our relationship fizzled and I’m moving back into my apartment. My son’s father says he has a legal right to move back into my apartment because he still gets state mail at that address even though he hasn’t ived there for about 5 months. For the record he also gets mail at my grandmother’s house and his mother’s house.

Asked on November 10, 2011 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

To answer your question, I need to know if your son is an adult (over 18 years of age) or a minor (under 18 years of age). If an adult, is your son on the lease to the rental you have? If so, he has the right to move back in. If not, he has no right to move back in.

If he is a minor, you need to carefully read what any child custody order states in that the current custody order would control the situation you are asking about. The son's receipt of mail at any address has no bearing on where he has a right to reside or not assuming he even has a right to reside at a certain place.

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