Legal Question in Family Law in New York

Can my husband refuse to return our 3 children? We had a verbal agreement with our lawyers where we agreed I would have residental custody. We did not go through the courts because it was a mutual agreement. I have never denied his visitation nor denied extra visitation as requested. He picked them up Wednesday night and text he had Thursday morning off and was going to keep them a few more hours. I agreed. Now it is Monday evening and he is refusing them to me until the courts make him return them. He called child protective services and the allegations were unfounded. Then he called again claiming I was in an abusive relationship also unfounded. My divorce lawyer wanted me to find who is babysitting them and get a police escort to get them and then deny him any visitation. Is that a smart move on my part? One, I don't want to put my girls through the police drama and 2 I would be doing the same thing.


Asked on 8/16/10, 3:19 pm

1 Answer from Attorneys
Carol Ryder Law Office of Carol Ryder PC

I recommend listening to your attorney. She/her knows the case better than I do. She might contact his atty and discuss this breach of an oral agreement. It does not mean husband will listen to his own atty. Unfortunately, things get ugly in these cases and a lot of kids need psychological counseling afterwards. Your attorney can do a # of things later, such as filing a motion to have him pay the uncovered psych bill, paying for a Law Guardian for the kids, the more moneyed spouse pays legal fees for the less moneyed spose, etc. And, from now on, EVERYTHING is in writing.

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Answered on 8/28/10, 6:55 pm


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