Legal Question in Family Law in New York

Visitation with no agreement

I am returning from war. My wife has left our home in Germany, cheated on me and is living with her mother in Long Island. I want to come pick up my daughter in NY and take her with me to Arizona for the holidays. What should I be aware of and what are my legal rights to my child when there is no legal agreement between us describing custody. What can I do if she refuses to allow me to take my daughter with me for 3 weeks?


Asked on 11/27/06, 1:51 pm

1 Answer from Attorneys

Seth Kaufman Kaufman PLLC

Re: Visitation with no agreement

It's probably not a good idea to just pick your daughter up and take her out of state for an extended period of time without mom's agreement, especially because you have been away for a while. I would probably think about getting an order from Supreme Court or Family Court, depending on a variety of factors, including whether you want to go ahead with a divorce right now. Feel free to call my office to discuss this further.

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Answered on 11/27/06, 7:35 pm


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