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My sons father took him on Christmas and has not returned him. He has a temporary custody paper he says I need to sign?

Syracuse, NY |
Filed under: Family law

He claims I need to sign this until our case is over but my worker has not informed me of anything. There is a court date set up and I am my sons custodial parent. I have taken sole care of him for 7months without child support from him. I live with my parents who help me because I have a disorder

Attorney Answers 4


  1. Don't sign anything. If you have a lawyer, inform your lawyer of this situation. If you don't have a lawyer, get one ASAP.

    The above answer is intended for informational purposes and is not legal advice. It does not constitute the creation of an attorney-client relationship.


  2. Do not sign anything and get to a lawyer as soon as possible.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship


  3. Don't sign anything. If you have an order of custody, then move to violate him under the custody order for failing to return the child.


  4. Do not sign any papers. If you have a custody order and the other parent is refusing to return the child, then the other is likely in violation of the order. If you have had de facto custody and not a court order, then nonetheless you must bring the refusal to return the child immediately to the attention of the court. You may have to file a writ. You should speak with legal counsel immediately. Remember, the child's best interests test remains the standard for determining which parent should be awarded custody.

    The foregoing information should not be construed or relied upon as personal legal advice or creating any attorney-client relation but merely as a comment or discussion only to a posted inquiry.

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