Legal Question in Family Law in New York

Child Custody

Im curently seeking for child custody, i am in a relationship but still married to the kds father. Does this affect in the decision in anyway? I was in an abusive relatioship with the kids father. Now he wants to say i kidnaped the kids. He knew i was leaving with the kids. He has not support his kids since I left te home. He does not even call them.


Asked on 3/18/08, 1:12 pm

2 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Child Custody

Don't let him scare you with threatening kidnap.

Kidnap would be if HE was awarded full custody and you picked up the kids and never returned/moved them.

In your situation, you both are presumed to have JOINT (equal) custody until a court Orders otherwise so there's not been a kidnapping.

As far as having a relationship, that will depend on who the man is and how you two conduct yourselves. If he has any "history/issues" it will be relevant to the court.

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Answered on 3/20/08, 8:42 am
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: Child Custody

If you are already out of the state then you should come back to file for custody and permission to relocate. If not he can go to court and file despite the fact that he has not been paying child support. If has a relationship with the child then he can go to court and ask that you return.

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Answered on 3/19/08, 7:47 pm


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