Legal Question in Family Law in New York
Parental Abduction in NYC
I have a young toddler. His father has threatened
in past argument to ''take him''. I am still uneasy
ever since his threat about 1.5 years ago. We are
unmarried in NYC, although his name is on the
birth certif. I read somewhere that in some cases
of parental abductions, the mother has more
rights if the parents are unmarried but it varies
from state-to-state. If he did take my son out of NY
state or USA, and because I dont have legal or
sole custody and because we are unmarried - am
I automatically more entitled to my son?? I read
that if he DID take our son, because he is his
legal father and his name is on the birth certif -
that there would be no penalties because he is
his father and there is no law against him taking
him. Please enlighten me. I dont even know
where to START digging for this sort of
information. What can I do to protect my son from
parental abduction. There is a history of domestic
violence, I kicked him out of my apartment, there
is a limited order of protection currently in place
which is up for renewal this Sept 12. Is there
anything I will be asked in that renewal process
that I could initiate regarding parental abduction?
3 Answers from Attorneys
File in Family Court Immediately
If you have serious concern that you child may be abducted or removed from New York State without your permission you must file with the family court for an order limiting the removal of your child.
Go immediately to a lawyer or, if you cannot afford one, go to family court file for custody and ask for an emergency order stopping the childs removal. If you go to family court without a lawyer because you cannot aford one, ask for a lawyer to be appointed, you will be provided with one!
Re: Parental Abduction in NYC
Your boyfriend may not legally abduct your child.
You need an enforceable custody and visitation order. Please contact me 212.883.1963.
Re: Parental Abduction in NYC
If you cannot afford to hire an attorney:
You do need to file a petition in the Family Court asking for a ruling on custody.
You do need to go to the Family Court in the borough where you live to do this. If possible, you should arrive at the court at the start of the day's work - 9 a.m.
You *can* do this yourself - - clerks at the Family Court will help you with the paperwork. It is not complicated.
You will have an opportunity to request that an attorney be assigned to represent you, free of charge.
You should do this sooner, not later.
Regards, etc.,
J. M. Hayes
>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<
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