Legal Question in Family Law in New York

Re: Wife took kids

Your wife's move to New York with your children, without your knowledge, was not kidnapping and was not illegal. When your wife left you, until there was a court order regarding custody, you and she had equal rights to have custody of your children. The move could have been a consideration in the eventual award of custody, and it is usually not considered to be in the best interest of children to be moved away from their home and a parent without warning. That issue should have been dealt with at the time of your divorce. Now, after four years, the children have presumaby developed ties to a new home in New York which would tend to undermine any attempt to change custody based on the move. If you are having trouble seeing your children or if you have evidence that indicates they would be better off in your custody, ou can always return to court in the jurisdiction where the divorce was granted and try to get a change. If your ex-wife prevents you from seeing the children, that is in itself evidence to support you in a court action for a change in custody or visitation.

Re: Wife took kids

Maryland law would control. However under New York law this is not kidnapping. At the time it may have fit the definition of Custodial Inteference in the Second Degree-a class A Misdemeanor but even to prove that charge it would have to be shown that the mother deprived you of your right to see the children with the knowledge that she had no right to do so.

If you did not object at the time, its doubtful any charges can be brought now and with 4 years passing any change in custody or visitation scheduling will have to be made on the merits as things exist today, not at the time of the separation.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Re: Wife took kids

You should call an attorney and bring action to obtain visitation with your children. Call me at (410) 799-9002 or (410) 619-5918.