Accepted Answer

It is very understandable that you are worried. From the link that I provided above, here is a Q&A of NY law even where there is a order of custody/paternity established:

If the other parent takes the kids out of state without my permission, can I charge him with kidnapping?

Probably not. Generally, whether the other parent can take your child out of the state for a short period of time depends on what your custody order says. The custody order may allow the other parent to take your child out of the state, prohibit him/her from taking the child out of the state, or it may not address this issue at all. If you have a custody/visitation order in place and the other parent tries to hide your child in violation of the custody or visitation order, you can charge him/her with interference with custody. This is true whether the other parent leaves the state with your child or not. Unless your custody order forbids it, the other parent is allowed to temporarily leave the state with your child as long as the parent has no intent to hide your child, flee the jurisdiction or deprive you of time with your child in violation of the custody/visitation order.

 

It's a good resource.

 

Be well and hope this helps put your mind at ease!

Expert:	Tina G, BBA, JD
Pos. Feedback:	99.1 %
Accepts:
Answered:	11/5/2009

Lawyer.

licensed attorney for 12 years including employment, business, contract, domestic, and general civil