Legal Question in Family Law in New York
Assaut?
My spouse is going to federal prison for aggravated identity theft. At the present time our separation agreement states that I will maintain residential custody of our 2 children. She has informed me that before she is incarcerated she will give her mother parental rights to the children. Can she do this And how will it affect me? Because she is going to jail she does not want to go to family court to address the divorce/custody issue. She believes she wont get custody. 14 months prior to this we were having a discussion about divorce and custody. It got heated and I stormed out of the room. Before I left I threw the tv remote onto a couch where she was laying. The remote hit her in her midsection. It was not done with malice or an intent to cause harm. She took a picture of the red mark w/ her phone and sent a message to a friend w/ the picture attached. Now she is telling me that if I do not go to a mediator and agree to give her joint custody and name her as the residentail custodial parent that she will go to the police and report this incident and attempt to press charges for assault against me. She stated she will do whatever she can to ''Even the playing field''. Am I in trouble here? Can this hurt me?
1 Answer from Attorneys
Re: Assaut?
Your spouse cannot give parental rights to her mother to avoid your rights as a father.
Once your spouse is incarcerated, you would receive custody of the children. Should your spouse's parents refuses to release the children into your custody, you would have the right to file a writ for habeas corpus demanding production of the children.
Mike.
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