Legal Question in Family Law in New York

Re: abandonment

People leave all the time. Taking the children is another story. Depending on the circumstances, you could ask the court to order the children returned now (Writ of Habeas Corpus), or you could ask the court for an order of custody or visitation now. The divorce could come later.

Re: abandonment

If your wife does not have grounds for divorce, she cannot leave and create grounds. You will have grounds for divorce if she stays away for one year over your objection. You should seek counsel and pursue custody or visitation in family court. The longer you wait, the more likely your wife will obtain custody of the children.

Re: abandonment

In NY, abandonment is a ground for divorce, and if your wife left, that's abandonment. There must be at least one year abandonment.

Adultery is also a ground for divorce in New York. You could sue for divorce right now using adultery.

Re: abandonment

In New York, it is necessary to prove grounds for a divorce. If you want the return of the children, it may be necessary to seek court intervention.

Please let me know if I can be of help.

Daniel Clement