Q: I need to remove my husband's parental rights, he disappeared from our lives 10 months ago, but I'm currently in Europe.
My husband decided to go AWOL 10 months ago, our kids are still minors and we had signed (via notaries in NY) a mutual separation agreement where he gave me full legal custody, prior to us leaving the US. I just need to legalize that with a court decree and remove his parental rights, since I cannot even renew their passports. I am not looking for alimony or child support. I just need to be able to give the kids what they need without being restricted in needing his signature. The only thing is that I am currently in Europe. He should be somewhere around NY or NJ. Thank you.
A:
Were you married in New York? Based upon your answer there are several jurisdictional and service issues that will likely require you to hire a lawyer to help consult with on the best state, county, and court to file in, and how to properly serve your husband either personally, or with alternative service after filing a motion to do so with the proper court.
You have two options. Assuming this is a New York case you can file for sole legal and physical custody in family court, or you can request sole legal and physical custody as part of your requested relief in an action for divorce in NY Supreme court in your county if you are looking to divorce your husband as well.
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