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

Q: If both mom and dads name are on birth certificate, what happens if mom runs away with child?

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

A: If the parents aren't married, the father has to go to court to establish paternity. He can file for custody/visitation at the same time. The fact that the mom ran away without the father's permission or a court order could be held against her in the custody proceeding.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
Answered
  • Divorce Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: The dad must file a writ of habeas corpus for the emergent return of the child. Retain counsel to write and serve the absent mother. If dad allows too much time to pass (typically six months), he will not get the write granted and will not restore the child to its home location with dad.

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