Legal Question in Family Law in New York

I was nearing the end of my divorce. we came to a temporary settlement and agreed to a settlement. i was waiting the papers to sign, during this time my fiance's father passed away. i asked my lawyer to postpone the visitation a few weeks so we could attend the funeral. my ex refused. so i asked my parents (who were supervisors of visitations) if my duaghter could stay with them for the visitation and so i could attend the funeral. my ex came for the visitation and took advantage of the situation, he took my daughter. now i have no idea where she is or how she is. we were to have joint custody and me physical custody.we have resided in michigan for a year and a half and my ex in new york. but the divorce is taking palce in new york. what can i do to get my daughter back? and is it illegal what my ex did??


Asked on 8/10/09, 7:43 pm

1 Answer from Attorneys
Christopher Yannon

You will need to make the court aware of what has happened. Your attorney, assuming that you are still represented, should be able to guide you here.

It is unclear to me how much time has passed since this occurred and whether or not you were living in Michigan at the time. It is important that you take legal action quickly. The longer your daughter lives with her father, the harder it will be to regain primary residential parent status. Particularly, if he enrolls her in school, etc. This will eventually make moving back to Michigan more stressful for your daughter. The court will do what it thinks is in your daughter's best interest.

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Answered on 8/21/09, 9:45 am


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