How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawTalk Your Own Question

LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27998
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
15277592
Type Your Family Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

If the mother lives in another state (Syracuse New York) and

Customer Question

If the mother lives in another state (Syracuse New York) and the father lives in the state of Texas with their two children under the age of two, the father also provides a home and is raising these children on his own. The mother left the state of Texas about 3 months ago and she wishes to get custody of her children. CAN THE MOTHER FILE CUSTODY IN THE STATE OF NEW YORK AND TAKE THE CHILDREN FROM THEIR FATHER? OR DOES SHE HAVE TO FILE IN THE STATE OF TEXAS?
Submitted: 5 years ago.
Category: Family Law
Expert:  LawTalk replied 5 years ago.
Good evening,

I'm sorry to hear of your dilemma.

First of all, the mother hasn't been in the state of NY long enough to petition the courts for divorce, support or custody.

Presuming that you were not married in NY, and never lived there as husband and wife, once she has resided in NY for 24 months she can file for divorce, however, because the court does not have personal jurisdiction over the children, the court is unlikely to be willing to rule on custody matters.

That being said, it is definitely against your best interest to allow a divorce to go forward in New York. If the court somehow gains the ability to order custody and support issues, you will find that they are more sever than Texas. For example, child support in NY continues not jut to age 18, but to age 21 in most circumstances.

I urge you, while you still hold all the cards, to file for divorce in Texas. You will be happy that you did later. If you file in Texas and get her served before she can file and serve you, you will definitely be in the superior bargaining position in both property distribution, custody and support issues.

I wish you and your children the best.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27998
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 4 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.

I forgot to mention we were never married.

thank you for your advice

dad

Expert:  LawTalk replied 5 years ago.
Dad, you are more than welcome!! I raised my children by myself for many years too. It is a lot of work, but very much worth it.

The fact that you were not married means that unless she has the children physically with her in NY, she doesn't have a leg to stand on. I suggest that you don't put them on a plane for a visit.

Again, you need to file custody in TX soon,--be first---you don't need the severe NY law dictating what you will pay, for how long, and who will have custody.

Best regards,

Doug
Customer: replied 5 years ago.
i forgot to mention were have never been married and we never resided in new york she now resides there with a friend
Expert:  LawTalk replied 5 years ago.
That is all in your favor. Great.

Have a great evening,

Doug

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions

Chat Now With A Family Lawyer
LawTalk
LawTalk
Attorney at Law
7071 Satisfied Customers
30 years legal experience. I remain current in Family Law through regular continuing education.