Legal Question in Family Law in New York

My wife and I are splitting up. No paperwork has been filed. She just got an apartment in town. can she take our 3 kids with her?


Asked on 1/08/11, 12:46 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

That is a very broad question. However, in an attempt to answer, it would depend on what is in the best interests of the children.

Mike.

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Answered on 1/13/11, 1:14 pm
Paula McGill Attorney at Law

I agree with the above answer as far as what will occur when the question gets to court.

However, if you are concerned about her moving the children, you should file for separation and custody/visitation.

Nevertheless, before the court intervenes, each parent had equal rights to children. Absent a court order, she can move within the state without a problem.

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Answered on 1/13/11, 5:28 pm


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