Legal Question in Family Law in New York
child custody
My ex-husband has phsyical custody of our 3 children & has lived in New York State for over a year now. My oldest child will be 17 in 2 months & wants to move to Michigan & live with me. Can her father press Kidnapping charges against me if she decides to move in with me? Is there anything legially he can do from stopping her from leaving his home? Can he legially put her in a Mental Hospital for leaving?
2 Answers from Attorneys
Re: child custody
No. Yes. and No. He cannot have kidnapping charges pressed against you because you are a parent, and assuming your daughter leaves on her own there would be no grounds for kidnapping anyway.
If your husband has good and adequate grounds to keep her away from you (safety or health issue), he can apply to a Court of jurisdiction for a retraining order preventing your daughter from leaving his custody prior to the age of 18. Or if he has reason to question her incompetence and prove her mentally incompetent potentially beyond.
Unless he can prove your daughter is mentally unstable and a danger to herself or others he will not be able to commit her to a mental hospital.
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.
Re: child custody
If you want your child to move out of state you should consider a petition for custody stating why you believe a change in custody will be in the best interest of the child.The court is not bound to follow what the child wants but at age 17 the court will give significant weight to what the child has
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