Legal Question in Family Law in New York
My children's mother plans on leaving the country without my kids for an extended period of time. I have joint physical/legal of one child and the other I have joint legal with visitation. Can she just leave my children with her mother without my permission? Could this fall under child abandonment? Could I ask a judge for immediate primary custody when she leaves? I don't believe she plans on telling me she is even going.
1 Answer from Attorneys
Q. Can she just leave my children with her mother without my permission?
A. For vacation - maybe. To leave the jurisdiction to live in a foreign country - no.
Q. Could I ask a judge for immediate primary custody when she leaves?
A. If she is leaving the jurisdiction to live in a foreign country, then the petition should be filed before she leaves. The Court will not be sympathetic if she is going on vacation with the children and you just want to be vindictive.
Mike.
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