Legal Question in Family Law in New York

What are my rights as a father?

My wife and I were on the verge of a separation. We have an 8 month old son. We had agreed, outside of a courtroom, that they would stay at her mother's, I would give them $$$ every week, and could see my son whenever I liked. All In the meantime, we would try to work things out, or not. Along the way, she changed her mind and o 2/14 she left with my son while I was at work. I have no idea where they are. Anyone who might know, is either unable or unwilling to tell me. I have no way of inquiring about my son or his well being. The police tell e there is nothing can do but be patient. How this isn�t kidnapping, don�t know. I got a hold of a summons to appear in curt for custody and visitation rights, which is in the hands of the sheriff. Is my only legal option is that I have to sit and wait and be patient and try not to go crazy? I just want to know if my son is okay. I have serious doubts as to my wife's competency to take care of my son on her own. There are no orders of protection against me, though she's writing all sorts of horrible stuff about me on the internet. What are my rights? What can do as opposed to sitting on my hands?


Asked on 2/27/07, 10:34 am

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: What are my rights as a father?

I need more detailed information to give proper advice, but have you tried hiring a private investigator? Also, in pursuing the custody petition you filed, you may ask for permission to serve wife by alternate means, such as publication, and you should subpoena your wife's mother and others who may have information on her whereabouts.

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Answered on 3/02/07, 8:42 am


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