Legal Question in Family Law in New York
Is this legal?
Me and my ex broke up a little over a month ago. We have two boys together. I left the house and everything in it for her and my boys. She decided to move in with her mother, then a week later moves somewhere with her mother and changed the phone number. I have no way of contacting my boys, I have no idea where she is. Neither one of us have custody issued (yet). I am really concerned since she has been in rehab twice, the last time being less then six months ago.. and when I left she kept telling me she was going to get high again. Is what she did legal? What do I do? I already plan on filing for custody next week (I am off work then)... plus I would like to have a lawyer when I do this. To me, this is like kidnapping. I'm sure there has to be something I can do?? I know she moved within 10 miles of her previous address...thats all, and I have her email address.. but she reads them and doesn't respond. Please help, I am really worried about my boys, and want to see them, talk to them.
3 Answers from Attorneys
Re: Is this legal?
You should definately file for custody (and at least visitation rights). If you are able to show that your ex is not capable of taking care of the kids, then you might get custody.
If you need additional help, you can contact our firm.
Re: Is this legal?
In your question, you said ex. Were you married to her? If so then you can seek a divorce and ask for immediate relief in the form of custody. Courts do not look kindly on a parent who is a drug abuser.
If you were not married to her, were you ever declared a father in writing or by court order?
You must immediately file for custody and/or visitation in Family Court/Supreme Court.
We can always find her to serve her with the papers to appear in court.
The process can take as little as a couple of weeks after she is served.
Please contact me if you need the services of an attorney.
Re: Is this legal?
In your question, you said ex. Were you married to her? If so then you can seek a divorce and ask for immediate relief in the form of custody. Courts do not look kindly on a parent who is a drug abuser.
If you were not married to her, were you ever declared a father in writing or by court order?
You must immediately file for custody and/or visitation in Family Court/Supreme Court.
We can always find her to serve her with the papers to appear in court.
The process can take as little as a couple of weeks after she is served.
Please contact me if you need the services of an attorney.
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