Criminal Lawyers Ny
Q.I lived with my finance in NC for 1 1/2 years. Three weeks after our son was born, she left and went back to her home in Binghamton, NY. I have seen my child 3 times in 2 years. I had to go to NY and always be with her and the child. She promised that when he wasn't a baby anymore I could bring him to NC to visit me and my family. We have no written agreements, but my name is on the birth certificate. When I asked her two weeks ago when I could get him for the holidays, she said that he would never leave the state of NY. It was at this point I woke up and realized that I would have to go to court. Can you please advise me of my rights under NY law? My attorney in NC said that any agreement made in the courts of North Carolina would not be upheld in NY. Is this true? I have done everything she asked and am now heart broken. I have recently married and I do not think she will even let me see him if I travel to NY. Can you recommed an attorney in the Binghamton area?
A.I don't know any attorney in your area. I am in Canada. Please check with a lawyer. I don't think family lawyers are enough. You may check with criminal lawyers. Why? In Canada, there are provisions in the Criminal codes which prevent parents from unilaterally removing children in anticipation of custody - short-circuit the court. Also, the Statues of all provinces in Canada specifically automatically grant each parent equal custody rights at the birth of their child/children. Therefore, removing a child or children IS a criminal offence. However, most (or you should read, all) lawyers and judges work on the presumption that "One who has the child gets custody". Status quo!!!!! Check the law closely. CLOSELY! And do it now if your son means that much to you!!
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