Legal Question in Family Law in New York

If a married couple is recently seperated, does the parent that left have the right to remove any children from the house before any custody arrangements have been worked out?

Asked on 5/27/10, 11:38 am

1 Answer from Attorneys

Joel Salinger Law Office of Joel R. Salinger

Your question is a very complicated and yet simple answer. Either parent, prior to a court order has full rights to do, what is in their opinion, what is in the best interests of the child. You both have equal rights. Leaving the marital residence is not giving up your rights as a parent. That being said, once a living arrangement is established the longer it exists, the harder to prove that you are doing what is in the best interests of the child and not some ulterior motive. You should sit down with an attorney as soon as possible or file a petition in family court.

If you would like a free consultation you can contact me at 516-746-4747 or [email protected].

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Answered on 5/27/10, 3:44 pm

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