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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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i just got a petition for custody in NY for my two ...

Customer Question

i just got a petition for custody in NY for my two children. my wife moved out a week ago and the children stayed with me. now she wants to take the kids after school to live with her. the court told me i will get something in the mail in 3 weeks. how do i keep her from taking them until then?
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Thank you for your question.

1) At the school, speak with the school staff to make sure they understand that there is a child custody hearing that will be in taking place soon and that at the present time, the children the children should not be released to their mother if she comes to pick them up. Unfortunately, the school staff make not like to get involved without a court order specifically stating that you have temporary custody at this time. Since the mother has petitioned for custody at the present moment, you can't now request for a temporary order.

2) Right now since there are not court orders giving anyone custody to the children, both parents have "equal" rights in seeing their children. You cannot prevent the mother from seeing her children, but you can request that she cease taking them and may contact the police for assistance if the environment becomes hostile or abusive. The police unfortunately does not like to get involved in these issues without a custody order which they can read and enforce.


Unfortunately, absent any domestic abuse, disruption or danger to the children by the mother, the mother can see her children. You will need to be vigilant that she not remove them until the court decides. A restraining order will not work here, unless there is domestic violence that began on her part.


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Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate information. Thank you.





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Customer: replied 8 years ago.
i see you wrote that she has petitioned for custody, she has not, i did. does that change anything?
Expert:  Attorney & Mediator replied 8 years ago.
Can you tell me if in the petition you have been awarded temporary custody in the meantime?

Thanks
Customer: replied 8 years ago.
Reply to LawNinvest's Post: no, i dont see anything on the petition stating that
Expert:  Attorney & Mediator replied 8 years ago.
Thank you for your reply.

No it does not change my answer.



Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate information. Thank you.

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