New York, NY asked in Child Custody and Family Law for New York

Q: my ex custodial parent of 2 of our 3 has violated parole & in jail. Can I get my kids from another county legally today

Wwe were both in nys prison and my mother living in PA petitioned tioga county ny to remove all three from foster care and was granted custody. Since our return from prison my mother has split the kids up giving me our oldest and our younger two to their father. Not having gone through court, only agreeing to the termination of support orders because she's tools the court what she decided to do. I live in tioga county ny their father in oswego County ny and he's violated his parole and is back in jail, leaving my boys with his alcoholic codefendant mother. Do I, their mother, already having our oldest living with me, have any rights to go take my children from her care and back home with me?

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1 Lawyer Answer
Aubrey Claudius Galloway
Aubrey Claudius Galloway
  • Divorce Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: It depends on if you have any rights to physical custody and legal custody, but in the absence of any right to physical custody you cannot. If you would like to talk about this I can be reached at 914-912-1555. Best. Aubrey

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