Legal Question in Family Law in New York

I am a legal US citizen with Dutch nationality and my 6 yr old daughter has American and Dutch nationality. She was born in the US. I want to stay in Holland for about 10 months with my daughter. We have no family support in the US and here she has a chance to life with family and experience family bonds. She can go to school here and be fully bilingual by the time we leave.

Her father, a three time fellon, is currently incarcerated. He doesn't want our daughter to be here this long. His parole hearing is in November. He believes he will be out then, but who knows what to believe with him. If they grant him parole he will be on work release first.

We were never married and there are no legal custody rules.

My intent is not to stay here and keep her from her father. We will be back during the summer of 2011.

I need to know if I can get into any kind of legal problems by keeping my daughter here for that time.

I hope somebody can help me, thank you so much.


Asked on 8/26/10, 6:17 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

You will not get in "any legal trouble" here in the U.S. and it is unlikely that the child's father will be able to travel to Holland given that he parolees are generally prohibited from travel outside of the state where they are on parole. It is best, however, that you consult with a Dutch lawyer for a more definitive opinion.

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Answered on 9/04/10, 4:02 am


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