Legal Question in Family Law in Wisconsin

Can I take my child?

Husband and I have not started divorce proceedings yet. I moved out of the house a little over a year ago. My son age 10 is residing with his father. He has told me he wants to live with me. Since I reside in New York is it legal for me to just bring him here with me? There are no custody agreements in court. Husband no longer allows me contact with my son. If I bring him here is it kidnapping? I mean he is my son too.


Asked on 5/10/01, 9:47 pm

3 Answers from Attorneys

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Can I take my child?

No, you cannot take your child. Even without a court order, if your son is residing with his father, you can't make a unilateral decision to have him live with you.

You should start divorce proceedings. The child custody matter can be taken care of in the divorce case.

I disagree with Ms. Gasnick. Most family court judges reason out their decisions, and award custody according to the best interests of the child. If you were to take your child, it would be very unlikely that any judge would find it in his best interests to stay with you.

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Answered on 6/22/01, 9:13 am

Re: Can I take my child?

Absent a court order, there is no technical

kidnapping or custodial interference

However, a court will not look kindly on the

act

What is the problem with getting a court order

of custody before the switch? will the year's

absence be held against you. Sure. Will a law

guardian follow the wishes of your son? Probably

if you are a fit parent with a proper environment

to raise the child

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Answered on 6/21/01, 11:42 pm
Kellie Gasink Kellie Gasink, Esq.

Re: Can I take my child?

Your success in getting your child has a lot to do in which NY county you wish to file for custody. Call me. There are no abstract answers to your question. The US Family court law has very little to do with reason or fairness. It has everything to do with who is willing to pull out the biggest legal gun and use it.

If you want custody of your child, then you must fight for it. That is that.

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Answered on 6/22/01, 1:03 am


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