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Can a mother leave the state of new york with child without the fathers permision

New York, NY |

child lifes with mother in newburgh new york child is 10 and lifes with mother

Attorney Answers 1


  1. If the mother leaves the state of NY without the father's permission or that of the court, she is subject to child abduction charges even if she is the custodial parent. This can lead to loss of custody, assignment of child support to her, and possible jail time. I strongly urge the mother to discuss the issues with a NYS family lawyer before she does something she will regret.

    On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:

    Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
    Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..…………………………..

    Divorce and Legal Separation in General and How It's Handled in New Jersey
    Financial Dos and Don'ts after a Divorce (written by Attorney Gabriel Cheong)
    US law on parental kidnapping: Please see 28 USC s. 1738……………………
    (These guides are valuable for NYS and also for unmarried parents).

    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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