Legal Question in Family Law in New York

Re: custody

unless there is an agreement or an order you cannot be charged with kidnapping although most likely the mother will call the police and a messy situation can be created with protective services etc. to avoid this you can call me at 516 466 5297 for a free telephone consultation

Re: custody

I would recommend that you go to court to seek custody or visitation. You should not do anything without a court order.

Although you could probably go to court on your own, I would recommend that you consult with an attorney.

If you need my assistance, please feel free to call me ay (212) 971-1384.

Re: custody

It is always a bad idea to act "extra" legally when there are processes in place to address your concerns. So,... reconsider. Don't panic.

In addition, although, you may not be charged with kidnapping, if you refuse to return your child to his mother; AND keep her from visiting or contacting your child, your wife may file a Habeas Corpus Petition in Family Court, claiming that you are "unlawfully" withholding her child from her. (Of course you may also file the same type of Petition if your wife keeps the child from you).

But, more importantly, Any "Extra" legal conduct, on your part, may prejudice your claim to have permanent custody of your child, awarded to you.

SUGGEST THAT, You immediately obtain counsel, with the intention of filing an Action for Divorce, WITH an Order to Show Cause, that DemandS immediate temporary custody, visitation and other relief, that you believe necessary, during the pendency of the action.

Good luck,

Phroska L. McAlister,ESQ

Re: custody

This is a very difficult situation and I will try to give you some real advice.

If you take the child it will not be a criminal offense (because there is no court order regarding custody). However, this will not be helpful for you in your efforts to be named the custodial parent.

Right now, you are in the 'right'. It is major black mark against your wife that she does not let you see your own child. That is a plus for you, and a big one.

The plus for her is the reluctance of a court to change the child's schedule and environment. Once placed, the court is reluctant to make changes. Stability is good and change is a disturbance and not in the child's interest. And the longer the child is in one place, the less the court is likely to make a change.

The belt marks are serious and corporeal punishment is not supported by the Family Court.

(1) Make your petition for custody as close in time as your knowledge of the physical abuse as you can.

(2) It is difficult to make the petition for custody before the petition for divorce, but get something in writing to the court on custody before you file for divorce. Make the court see that this is a fight for the welfare of your child and not a fight about what happened in the marriage.

(3) Let the judge 'find out' or 'discover' the lover is female. Any evidence of bad character of the paramour is significant. 'Bad character' is unemployed, drinking in the home, criminal record, etc. Lesbianism by itself is not evidence of bad character. A private detective is often helpful in this area. Expect to pay about 90$ per hour for a professional.

A petition for divorce will be necessary for you to proceed.

You are welcome to a consultation for no fee.

Re: custody

You need to consult with an experienced family law attorney as soon as possible. If you forcibly take your son from his mother, you can end up with serious problems other than kidnapping charges. The longer you wait to address your loss of contact with your son, the harder it will be to get back to where you were.