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Category: Family Law
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Experience:  30 years as a family law lawyer .
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my sons girlfriend yanked the kids out of school today, and

Customer Question

my son's girlfriend yanked the kids out of school today, and is moving them to NY, my son didn't give her permission. He has three kids by her, yet she gave all the kids different names (one is not biologically his but he raised him since he was 8 months old) can my son get an injuction immediately to keep the kids in NY, we are afraid that we won't see the kids ever again, and she falls asleep. Her family doesn't have room for them they are very very poor, and she was raised by her grandparents, her mother is a poor alcoholic. I am worried about my grandsons. How can we stop her from moving the kids she wants to leave now. She even quit her job, and she hung up on me when I was calmly suggesting that she wait two months to let the kids finish school and that her and my son need to go to counseling. Help please this is an emergency.
Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.
Thanks for your question. Your son has to file a paternity suit here to assert his rights. He should file here while NY has jurisdiction. Once they relocate here he may be in trouble getting this heard.

He will need a lawyer here no doubt. Girlfriend sounds like bad news here. He is right to be worried until ther is a paternity suit she has sole custody here and can go anywhere she wants. He needs to flle asap here if he wants injunction and other orders from the court.

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Customer: replied 8 years ago.

Sorry, my son is in NY, and the girlfriend is getting ready to leave from NY to MO. Only one son has his last name, the other has the girlfriend's last name, and the oldest has another name entirely. I am not sure that I can accept that answer, does the paternity suit option still apply?

Expert:  RayAnswers replied 8 years ago.
The paternity suit applies to any children he is the father of here. He can still fiel in NY and should do so. The court in NY still has jursidiction over the girlfriend even if she moves..At least the two kids he can assert paternity and may have rights to the other one since he has raised. He will need a lawyer her to sort this out no doubt with the judge..


 

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. 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 advised to speak with legal counsel for accurate information.

Customer: replied 8 years ago.
ok, he will need a lawyer pro bono. but he is living in NY, I live in NM, and the girlfriend is trying to get the kids and herself to MO. They lived together for 10 years. Would that give my son more rights? She is threatening to take them away from him entirely. I will need to talk to my son, right now he is not answering my phone calls, but it is quarter to 11 there, so let me mull this over and see if this can help my son. Then I will accept. I just need to know how much this will cost beyond the 15 dollars please I am on a fixed budget
Expert:  RayAnswers replied 8 years ago.
You only apy $15 here. If you have follow up jsut let me know. He woudl file in NY here whether she leaves or not. They would serve here and require her to return. If he gets custody they may well require both her and the kids to return to New York or award him custody in the matter. He has rights but he would have to file paternity since they never married..

I will answer your follow up tomorrow or next week. It isn't a problem. Thanks for the chat..

 

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. 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 advised to speak with legal counsel for accurate information.

Customer: replied 8 years ago.
please answer tomorrow. next week may be too late. He will need a lawyer, or are you a lawyer in NY? If so could you help him?
Expert:  RayAnswers replied 8 years ago.
Sure just post your follow up questions. We aren't allowed clients here under the terms of serivce. Take care, I'll speak with you tomorrow..
RayAnswers and other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
ok, thanks could you refer my son to a good family lawyer in Dunkirk, NY? One that is pro bono, or doesn't charge too much but take payments? Thank you
Expert:  RayAnswers replied 8 years ago.
Sure here's a list. Try them all and see if one can help him here. take care and thanks...Ray
http://www.211wny.org/Chautauqua-County/Service-Category-List/category.aspx?category=Legal%20Counseling

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