Legal Question in Family Law in New York

Mother keeping child in another state

went on vacation to hometown in maine and mother of daughter said she was staying with her family and keeping our daughter. we are both leagal residents of new york and that is where my job is and our home. we are not married and I want to know if I can legally get my daughter back our home in new york home?


Asked on 6/13/08, 12:23 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Mother keeping child in another state

Assuming that the child has not lived in Maine for more than 6 months then you can institute an action for custody in NY. If it is over 6 months then you have to go to the child's new home state even if you maintained the NY one for her. The 6 months must be continuous and you will have to show that it was not.

Good luck.

Read more
Answered on 6/13/08, 1:30 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York