Legal Question in Family Law in New York

Re: child custody in nys

Do you have joint custody according to a written agreement? If yes, you should consider removing your daughter from the house immediately just to make sure she is safe, and then commence an action for custody or to modify the custody portion of your agreement so that you obtain physical custody. I think ACS should be notified as well. You may get temporary physical custody while the proceeding continues.

Please contact my office for a consultation.

I would suggest that you retain an attorney for the custody proceeding. You should probably act quickly on this for your daughter's sake and safety.

Lissa Luke, Esq.

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Re: child custody in nys

As the father, with joint custody or not, you have the right to go to court and file a Petition for Custody. You don't have the right to just take the child out of the home, you have to have a court order to do this.