Legal Question in Family Law in New York

Re: Married but can wife take kids outta state against husband's will?

you would have to commence a custody proceeding in the family court.

Or you can set conditions for the vacation in an agreement

I am available for a telephone consultation at 516 466 5297

Re: Married but can wife take kids outta state against husband's will?

No. You cannot "make" your wife return or prevent her from going on vacation for any period of time.

You would probably not succeed in "retrieving" your children, in the "vacationing state" because: a. you are not the "sole custodial parent;" b. your wife and children have "vacationed there in the past and returned to NY; c. the children are young and not school age and the courts presume children of "tender years" should be with their mother.

However, you may seek, by an Order to Show Cause Court ORder to Restrain or Enjoin your wife from removing the children from the state if you have reason to believe your wife intends to prevent your access and contact with children; intends to make the removal permanent (ie., she is relocating); and it would be in the children's "Best Interests" that they remain with you while she is gone.

Please note, such an action is rarely separate from an underlying (Contested) Divorce Action, Habeas Corpus or other similiar proceedings. Which can be traumatic for all parties concerned.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ