My ex-wife moved out of ny state and went to California without me knowing. Can I get custody?

Asked 10 months ago - Catskill, NY

My ex-wife moved out of state with my daughter. I have seen her in 2 months. We have been to court twice. the judge told her not to enroll my daughter in school in California, but she did so anyways. I have missed several visitations and my Christmas vacation with her. the ex-wife told me at first that she was on vacation, but then after 2 missed visits, stated that she was not coming back and refused to tell me where she was. My daughter told me that city and state they were in. I did some research and found an address as well. she will only allow me to talk to my daughter via Skype once a week for 15 minutes, maybe. Can I get custody of my daughter based on her actions?

Attorney answers (5)

  1. Jean M. Mahserjian

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . You need to retain counsel promptly and file a petition for custody. If you wife has been gone for less than six months, only a NY state court can issue a custody order. If the judge told her not to enroll your daughter in school in CA, but she did anyways, you need to ask for an immediate temporary order giving sole custody to you and ordering your daughter back to NY state.

  2. Louis Lawrence Sternberg

    Contributor Level 18

    2

    Lawyers agree

    Answered . Petition for custody ASAP. There are strict time limitations on these matters and you want to ensure that a NY court can hear your case.

    The above answer is intended for informational purposes and is not legal advice. It does not constitute the... more
  3. Daniel Simon Hahn Szalkiewicz

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . What is your current custody arrangement? Also, what do your separation agreement say? It will probably not be enough to take full custody from your ex, however, you want to bring an action in New York to preserve jurisdiction (although you should already have it based on the current divorce order)

  4. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes, but you have to petition for it.

  5. Nanette Ida Buoneto

    Contributor Level 8

    Answered . As counsel above has pointed out, there are time limitations so you should speak with an attorney or file your petition immediately.

    The information transmitted shall not constitute as formal legal advice, nor shall it create an attorney/client... more

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