Legal Question in Family Law in New York

I live in Depew NY, my wife & I have been married just shy of 7 years. We have 3 kids, 2 of them with her, my 12 year old I have custody of from a previous relationship. She threw me & my oldest son out of the house on 7/30/13. Since then she has filed for custody of our 2 younger kids on 8/2 even though we are still legally married. Can she file for custody while we're still married without filing for a separation or a divorce? What do I do? How can I find out if she filed for a separation or a divorce?


Asked on 8/07/13, 9:33 am

1 Answer from Attorneys
Jordan Trager Wisselman, Harounian & Associates, P.C.

Did she file a petition in the family court for custody? If so then you should have been served with a summons to appear in the family court. You should also file for custody in the family court and when you appear they will put both petitions on for the same day. If you would like me to review the papers that you were served with I would be happy to do so.

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Answered on 8/07/13, 12:38 pm


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