Legal Question in Family Law in New York

I am still legally married and still in the same house. My family want to have me and our kids come visit for thanksgiving.. Is there any legal action she can take to stop me from taking them on this trip, because she is refusing to let me take them and said she will stop me legally. She doesn't get along with my family and vise versa and she said if she doesn't go neither do the kids and she will stop me from taking them. What can i do..


Asked on 10/16/14, 5:25 am

1 Answer from Attorneys
Paula McGill Attorney at Law

If you are still legally married without a pending child custody/visitation order or new separation or divorce action pending, you have equal rights to your children. She cannot stop you from taking the children out of the state to visit your family for Thanksgiving.

Unless she files something, you don't have to do anything, just go with the children if that's what you want to do.

ALSO LICENSED IN NEW YORK.

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Answered on 11/23/14, 12:45 am


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