In a recent case handled by The Law Firm of Bryan L. Salamone & Associates, P.C., our firm represented a client whose wife/mother fled the marital residence, which was located in New York, with the child and moved to South Carolina with no intentions of ever returning to New York. The wife/mother, without the permission or consent of the husband/father, made the unilateral decision of removing the child from the only home the child has ever known and moved to South Carolina. Pursuant to McKinney's DRL 75-a, a child's home state is defined as follows:
"....the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding."
In other words, the wife/mother kidnapped the child from the child's home state and the father.
This type of irrational, selfish and impulsive behavior is unacceptable and will not go without consequences in the State of New York. In this type of emergency situation, the procedure that our firm used is an Emergency Order to Show Cause to have the Court immediately return the child to the child's home state and within the Order, to request a Temporary Order of Custody to be granted immediately to the father.
In this matter at hand, our firm received emergency relief and was granted the Emergency Order to Show Cause. The father took the Court Order to the Sheriff's Office in South Carolina and had the child immediately returned to his care and protection.