Legal Question in Family Law in New York

child custody

i allowed my two children to go for summer vacation to upstate ny with family , my ex husband was allowed to take them and apparently has filed emergency custody papers stating that i abandoned them there, what can i do, where would i start, in ohio or ny, do i hire a lawyer for this or is it something i have to get hold of the authorites for?


Asked on 7/28/03, 7:36 am

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: child custody

You would oppose the papers in the jursidiction where they were filed and if it is a different from where the original cutsodial issues took place, as part of your motion you would argue that your ex prepared the papers in the wrong venue and that you request it be transferred to the proper venue.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 7/28/03, 11:32 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: child custody

This is clearly very nasty. I am sorry this difficult situation has been imposed on you.

The proper court for this motion is the court that issued the custody order. The other court may not have the authority to change the custody order. Therefore, if you fight the order in this court and do not like the result, you may have the right to try again in the correct court.

Of course, that is trial tactics. You do not want the anxiety of two fights. So inform the court that there is no emergency - the children are well cared for by your close family and the children are their family as well. Further, ask the court for a 'change of venue' to the proper court. This is a simple motion that any lawyer is competant to draft.

Good luck. Your facts seem to indicate your husband dropped off the children at the camp. Is my understanding accurate? These antics will not help your husband's status in the long run.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

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Answered on 7/28/03, 5:58 pm


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