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How can a husband go about legally removing his children for their safety?--the wife is exhibiting erratic behavior.

East Meadow, NY |

Can a husband leave his home, remove his children and seek an order for supervised visitation if the wife is exhibiting erratic behavior, i.e. driving into and then parking facing on coming traffic with the children in the car, exiting the vehicle and having a breakdown of some kind on the sidewalk. Or does he have to pursue some kind of protective order before removing the children from the home and away from the mother?

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Attorney answers 3


If there is no custody order in place either parent can claim physical custody of the children. The husband should go to family court and file petitions that are relevant to the situation as soon as possible. Good luck.

I have been a criminal attorney in New York for almost 25 years. website: Phone #: 718-208-6094 email: This answer is only for informational purposes and is not meant as legal advice.


Husband should see an experienced divorce lawyer immediately. He can file in Family Court or Supreme Court. Multiple options hat need an in depth consultation. There are issues of child custody, child support, dividing assets if any, exclusive possessionnof marital abode and removal of wife, supervised visitation, filing for divorce, filing with ACS if appropriate. In short see a lawyer right away.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


You have the option of removing the children (if there is no custody order) or getting an order of protection against your wife that would possibly remove her from the home. Make sure you include these details. You should also file for custody and request that her vistation be supervised. Talk to some family law lawyers in your area. Worst cae: if you feel there is immediate danger in any situation, call the police.

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