Legal Question in Family Law in New York
abandonment law
If a couple separates and one leaves the house before a legal
settlement is obtained, can the remaining spouse claim
abandment and prevent the one who has left from seeing the kids
and making any decisions regarding the children or the house?
2 Answers from Attorneys
Re: abandonment law
One parent cannot prevent the other from seeing their children, nor should they want to.
Children need both parents and should not be used as pawns in the marital dispute.
If the parents are separated, it is best to formalize issues of custody and visitation, as well as child support, etc.
Suggest you discuss these issues with an experienced matrimonial attorney.
I practice in NYC and Long Island.
Re: abandonment law
Grounds for divorce (abandonment) and custody issues are independent of each other.
To determine custody and visitation, the Court looks toward the best interest of the child.
Mike.
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