Asked in Child Custody and Family Law for New York

Q: If my ex spouse moves to a new state with my children against my wishes, is it parental kidnapping?

I am studying in Halifax NS Canada, and cannot afford a lawyer. She did not notify me through proper channels and with only six days advance warning, and I expressly said I did not consent to have my children move states, school districts, etc. She feels that I do not have a say in the matter. What can I do to get support and prevent her from moving my children away (from their hometown, and both my parents and hers)

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

A: You can file for an emergency order in Family Court stopping the move until such time as the court has an opportunity to decide the issue. Once in the Family Court you can request the appointment of an attorney if you meet the income guidelines. You should know however, that because you do not live in the state or nearby you don't have a great case.

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