What Are My Options if My Ex Left New York With My Child?

What Are My Options if My Ex Left New York With My Child?

If you are the custodial parent and your ex has left the New York State or otherwise declines to return your child in violation of your custody agreement, it is in your best interest to reach out to our firm today to discuss your options. Our skilled Nassau County child custody attorney is on your side.

What are the different types of custody in New York?

Joint and sole custody are used by a court to determine the child custody arrangement. They include the following:

  • Joint custody- shared by the parties
  • Sole custody- awarded to one parent

Each situation is different, which is why in some instances, sole custody may or may not provide access to the other parent. Sole custody is rare. It may be granted to one parent when the other would pose a danger to a positive and healthy upbringing. Joint custody is typically considered the desired arrangement as it reduces the feeling of loss often felt in a divorce and allows for both parents to be an essential part of their child’s life. In order for joint custody to work well, parents need to have a level of mutual respect and positive contact.

What can I do if my ex recently left New York State with my child, in violation of our custody agreement?

To begin, you should recognize that it is unlawful for a non-custodial parent to leave the state without the other parent’s consent or permission from the courts. The one abnormality to this may be if the parent and the child are in some sort of danger and they happen to cross state lines while escaping that danger. Because of this, if your ex left the state in violation of your custody agreement or is refusing to return your child and you worry for your child’s safety, it is in your best interest to reach out to the authorities.

You should also keep in mind that, at times, merely violating such an agreement, whether a child is in danger or not, is sufficient to merit a modification to the initial custody agreement. These agreements are legal documents and, if they are not followed entirely, those who violate them can anticipate facing inevitable consequences. Ultimately, the court will have to consider the details of your case and decide whether your ex’s violation is important enough to earn a custody modification.

If you are in this situation and would like to fight an allegation of custody agreement violation, it is in your best interest to reach out to our firm today to speak with a competent legal team right away. Give us a call today.

Contact our experienced Nassau County firm

The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 25 years, is always available to assist and represent parties in divorce, separation, and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 938-3330.

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