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

Q: My husband and I are separated, he will not let me take the kids. I currently live with my bf.

The kids came with me when I separated from my husband. We are still legally married. He said he will take the kids for the weekend and now he won’t let me take them back. Can a police officer help with this issue?

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2 Lawyer Answers
Kevin Abessi
Kevin Abessi
PREMIUM
Answered
  • Divorce Lawyer
  • Franklin Lakes, NJ
  • Licensed in New York

A: You may need to seek a custody order, assuming you currently don't have one. From the facts provided, I'm not sure if you have a formal separation agreement in place, and if so, what it stipulates. But establishing your custodial rights through a legal process may be your best option. Parental kidnapping is a possible claim even without a custody order; however, I don't know enough about your situation to determine if that's what your husband committed here and seeking police assistance is a viable solution. Ultimately, it seems like you're in a volatile predicament with your husband, so you may be at the point where handling this matter on your own is no longer realistic. Inviting in an attorney and court assistance may be necessary in order to facilitate a more stable environment for your children.

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

A: Unfortunately, you will need to go to Family Court to get a custody order to deal with this issue. Without a court order you both have equal rights to the children and the police will not get involved. The other alternative is a divorce.

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