Legal Question in Family Law in New York
Custody and visitation
ON june 5 2006 i brought my daughter over to her fathers house for a normal visit. I was then personally served with court papers by the neighbor. i went back to the door and asked him what these papers were all about he said he didnt like what was going on and that we needed to go to court. i was fine with this. i then told him i would be back for my daughter one hour later. He then said he will be holding on to her till the court date of june 28. basically i have been trying to get my daughter back home and out of that house but it seems every thing i do is wrong. i got legal advice from a lawyer who said if the father was at work i could remove the child because i have more rights over the grandparents since i am the mother. i went today with a police officer and still was denied taking my daughter home. i dont see how, i was sure i would have my daughter home today... no one has any anwsers for me.. its always the same thing. you and the father have equal rights. i agree and i fully understand this but where are my rights right now? Is there nothing i can do to get my daughter home? i feel like my right are being violated i would like if someone can contact me as soon as possible with some anwsers.
1 Answer from Attorneys
Re: Custody and visitation
it is unclear from your message if you have a custody order. If you don't, the police won't remove - if you do - bring a copy with you. If not successful - you need to file a writ of habeas corpus - it is a petition that states your ex is holding the child without your consent and against your will. Go to the Family Court and they will fill it out for you , and most likely serve it as well.
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