Legal Question in Family Law in New York

Soon to be father wants to know how to stop girlfriend from leaving the country.

I'm am currently separated from My Ex-girlfriend who is

2 months pregnant. She make threats that she will go

back to Venezuela to live with her mother while

Pregnant to avoid me ever seeing the baby. I find she

will be an unfit mother and I�m considering challenging

her for custody in the near future. What can I do to stop

her from leaving and when should I begin the process

of filing papers for custody?


Asked on 5/08/03, 4:03 pm

4 Answers from Attorneys

Lorraine Ahlers-Mack Law Offices of L.Ahlers-Mack

Re: Soon to be father wants to know how to stop girlfriend from leaving the coun

You cannot do anything until the child is born. At that point you must immediately file for custody in the jurisdiction where the child resides. You will probably have to take a paternity test and then battle it out in court. If the mother gives birth in another country the laws of that country will govern and I cannot advise you as to that other than if the country takes part in the hague convention that can be used to try to get custody. This is not simple and would probably require you to hire counsel in both the US and the foreign country.

good luck to you

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Answered on 5/08/03, 5:16 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Soon to be father wants to know how to stop girlfriend from leaving the coun

this is a difficult question on the frontier of law. no lawyer can give you a guarenteed answer. however, the steps that need to be taken are obvious to every lawyer. (1) you must establish that you are the father (2) you must establish your visitation rights. (3) an order/injunction must be sought from the appropriate court to prevent her from taking the child more than a specified distance from your residence without your consent.

gaining custody of the child before the birth of the child is possible, but requires an extreme set of facts. you are welcome to contact me for a consultation for no charge, 42 west 44th st, new york, ny. please call for an appointment 646-591-5786

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Answered on 5/08/03, 8:03 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Soon to be father wants to know how to stop girlfriend from leaving the coun

You will have to wait until the child is born and then file a paternity petition, etc. Ordinarily, you will not even be allowed visitation, before it is established that you are the father. From what you say, it is doubtful that the mother will cooperate. Be prepared to take an aggressive position in court.

Suggest you retain counsel in advance and have all your court papers ready.

If you wish to discuss this with me privately, please call me to schedule a consultation.

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Answered on 5/08/03, 8:42 pm
Seth Kaufman Kaufman PLLC

Re: Soon to be father wants to know how to stop girlfriend from leaving the coun

There is probably nothing you can do before the child is born. Courts afford very limited rights to unborn children and will not interefere with the mother's rights without finding an imminent risk to the child.

I suggest you remain as cooperative and supportive as possible; this may help keep the mother here and will put you in the best position to seek recourse when your child is born.

Please do not hesitate to call me to schedule a free consultation at your convenience.

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Answered on 5/19/03, 2:42 pm


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