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My son was taken out of new York to live in the south with…

Customer Question
Good morning Lawyer's Assistant:...

Good morning

Lawyer's Assistant: Hi. How can I help?

My son was taken out of new York to live in the south with out my permission how so I get him back ?

Lawyer's Assistant: Have you talked to a NY lawyer about this?

Not yet

Lawyer's Assistant: What steps have you taken so far?

Tried speaking to is mother to bring him back then spoke to a friend that works in the court house . He said I can retain full custody for her taken him with out my permission . Is this true?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just want to know how to get my son back I pay child support and I feel like he was kidnapped from me I can't see him like I want to or speak to him because his mother doesn't allow it

Submitted: 5 months ago.Category: Family Law
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Answered in 3 hours by:
3/25/2018
Family Lawyer: Sean K, Family Law Attorney replied 5 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,160
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I am sorry to hear that this has occurred. You received some good counsel from your friend who works in the Courthouse.

If a parent tries to or does relocate and has not sorted out what happens after the move or if they move without permission - which it sounds like what has occurred here, then you absolutely need to do something.

When a child leaves there home state, here New York, a clock starts to run and if too much time passes, generally 6 months, then New York could lose the status of the home state and you could be fighting a fight where the new state is viewed as the home state. Until the time passes, you can fight the fight in New York.

However, regardless of how much time has passed, the Court will never just do something, you will have to file something with the Court - essentially a law suit that asks the Court to make her return your son to New York. The best approach would likely be for you to ask for full custody of your son and for her to pay you child support.

Now, when Courts look at relocation, the sometimes do let people relocate, but you have an advantage here - she moved and didn't tell you. This shows the Court that she is not trying to foster a relationship with you.

Your approach should be to go see an attorney and have them immediately file a law suit asking for your son to come home. Even ask them to have the Mother pay your legal fees.

Relocation cases can be complicated and I never tell people to do them on their own. Money spent on an attorney will be well spent and will ensure that all is being done to get your son back.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Category: Family Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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