Legal Question in Family Law in New York

Is it within my right as the mother of two children under the age of two; to remove them both from the house due to the fact that my soon to be ex husband has been labelled from ACS as a neglectful and abusive parent until our youngest child turns twenty-eight years of age? I had gone to my local precinct in hopes that they can help me remove my possessions along with my children's possessions. They have told me due to the fact that I am currently married, my husband has just as much legal right to say I cannot take my children. Even though knowing that ACS has stated in a founded case against my soon to be ex.


Asked on 5/18/11, 10:08 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

You would have to commence an action in Family Court to terminate the father's custodial and visitation rights.

Mike.

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Answered on 5/19/11, 5:15 am


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