Legal Question in Family Law in New York

Re: custody across the border

You should contact a shelter. There are shelters for women such as yourself who are afraid of their husbands. They will enable you to get out of your situation, and yet not do anything illegal.

New York State has an Office for the Prevention of Domestic Violence. The url is:

http://www.opdv.state.ny.us/

This site lists resources for you by county, including shelthers and support groups.

You can't just take the child to Canada, unfortunately. You will either have to get him to agree to allow you to take the child, or go to court. In Family Court in New York you can proceed without an attorney. You may qualify for Assigned Counsel, if you meet the income qualifications.

Don't stay in a damaging situation one minute longer than you have to. This does not just affect you, it affects your child. Use the resources the government has available for people in your situation.

Re: custody across the border

The Court can never prevent you from leaving

and returning. But it can get "dicey"

with the child. While there is no criminal

offense for taking the child with you should

you decide to leave "in the middle of the

night, like a thief, without notice", the

ensuing custody/visitation battle will now

be fought in New York without your full participation

and with the courts now prejudice in his

favor due to your non-authorized action.

The better course of action is to hire an

attorney, petition the court for an order

of protection due to the threats of violence

and the incessant drinking, allege that

the return to Canada is necessary to provide

a stable home environment for the child, with

a strong family support system from your family,

and get the necessary court order before leaving