Legal Question in Family Law in New York

Crossing state lines with kidnapped children.

I have temporary custody from Texas Court of my children. I took them to NY to visit the father over the week end and now he won't give them back. His parent is coming from out of state and is going to try to take them to Montana. Will the parent be commiting a crime if she is able to get them to Montana? How serious would this be? Is he guilty of Kidnapping?

Asked on 2/23/09, 8:59 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Crossing state lines with kidnapped children.

Yes. It is very serious. You should immediately contact an attorney to file a writ for the production of the children in Court. Since the children are now located in NY, the writ should be filed here (although TX has jurisdiction over the children).

You may also want to contact the police.


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Answered on 2/23/09, 10:13 am

Joel Salinger Law Office of Joel R. Salinger

Re: Crossing state lines with kidnapped children.

You need to see an attorney immediately!!!! If you can't, go to the family court in the county you are in and file a writ of habeas corpus. You must also go to the local police or New York State Police with a copy of the Texas court order.

If you have any questions, you can contact my office at 516.746.4747 or [email protected]

Joel R. Salinger, Esq.

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Answered on 2/23/09, 11:16 am

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