Legal Question in Family Law in New York
I filed for divorce after my wife started having an affair (this was the last straw, not working not cleaning, not providing proper guidance to the children, 7 & 9.) She keeps leaving the house to meet her lover in Europe where she plans to relocate. she was away for 77 days in the last 10 months. Even though we're going through litigation (she's stalling the forensic evaluation), can I get temporary custody of the kids by going to Family Court? I'm paying her pendente lite even when she's not here. Our son is receiving chemo and our daughter is struggling in school. I take care of them and I work full time. She's so confident that she'll get the children, that she doesn't care about her departures nor for the psychological damage that she causes to the children. What could be the best approach?
2 Answers from Attorneys
Q. Even though we're going through litigation (she's stalling the forensic evaluation), can I get temporary custody of the kids by going to Family Court?
A. No. It has to be through Supreme Court.
Mike.
Once there is supreme court involvement the family court no longer has jurisdiction, as the supreme court is a higher court. You would have to make all of hour applications through the supreme court.
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