Legal Question in Family Law in New York

I just left an emotionally abusive relationship that was beginning to get physical, can my childs father file for kidnapping since I left the state without informing him?


Asked on 6/17/11, 4:49 pm

1 Answer from Attorneys

Joel Salinger Law Office of Joel R. Salinger

If you are the natural and legal mother of the child, it is not kidnapping. You can not kidnap your own child unless a court has restricted access to that child through a court order or if you have stipulated in a settlement agreement that the other parent has full custody. You can only be accused of interfering with the visitation and relationship with the child. That will have to be settled in family court. Until he files a case or petition in court, do not do anything unless you wish to file a family offense petition against the father of the child. Seek out an experienced family court attorney where you are or you can call my office at 631-486-7800.

Joel R. Salinger

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Answered on 6/18/11, 3:22 pm


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