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

Q: I want to leave my current relationship. We are not married, but we do have two children together; 3yo and 7mo.

I was going to leave and he said that if I did, he would only let me take one, not both. He said that in ny I have no more rights to them then he does and so the cops cannot get involved. That they cannot stop me from leaving with them but that if he is physically holding one, they cannot make him give that child up. I offered 50/50 with him, but he says we need to talk more about it and that I need to give him two weeks to talk over scheduling and that I will have someone I know, sign a letter stating that they will provide transportation to and from, I do not have a vehicle, he does. Everyone I know is saying it's just a ploy to get me to stay. I cannot afford a lawyer. What should I do?

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2 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

A: If you feel physically intimidated or threatened you should leave. You can file for custody in the Family Court. I know you said you can not afford an attorney but you really should try to get one. Contact the county Bar Association to see if they have any pro bono attorneys.

Victor M. Feraru agrees with this answer

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: To begin with, if there is no acknowledgement of paternity signed by both of you he is not legally the father in NY until he goes to court and gets an Order of Filiation. If there is an acknowledgement, you can just leave with both children when he is not around and then file for custody in Family Court. Once you file for custody in Family Court, if you cannot afford an attorney for the custody matter the court can assign one for you.

Victor M. Feraru agrees with this answer

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