Legal Question in Family Law in New York

Leaving husband

I recently discovered my husband is doing cocaine and i know he smokes pot everyday. I have asked him repeatedly to stop. Finding cocaine was the last straw for me. I have decided to leave him & to give him the ultimatum that i will not return home unless he completes a program and is completely clean. We have a 20 month old son & we live in ny. I will be going to my parents in nj. I do not want to keep our son away from him. How do i go about this without him claiming that i kidnapped our son?


Asked on 11/14/08, 12:48 pm

2 Answers from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Re: Leaving husband

He can not state that you kidnapped your son, he is your son! You cannot kidnap your own child unless there is a court order of custody. You should go and protect your child and wait for the court summons for custody and visitation. Then you make your case filing a cross petition and showing the court that your husband is an addict and is endangering your child.

Good Luck

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Answered on 11/15/08, 11:15 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Leaving husband

You have joint custody of the child and you (or husband) can take him without it being kidnapping.

I suggest that immediately after you leave you file for full custody (requesting immediate temporary custody) with supervised visitation for your husband until you know he has completed a program and is clean. You file a petition in Family Court.

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Answered on 11/15/08, 6:50 pm


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