As a parent, your top priority is ensuring the well-being of your child, at all times. Unfortunately, when parents get divorced, this can sometimes become all the more challenging, especially if both parents have different parental philosophies or otherwise do not get along. That said, if you are the custodial parent (the one with primary custody of your child whom your child most likely lives with) and your ex has left the New York State or otherwise refuses to return your child in violation of your custody agreement, you’re most likely worried and wondering what you can do to get your child back. Please continue reading and reach out to an experienced Nassau County child custody lawyer from Barrows Levy PLLC today to learn more.
What can I do if my ex recently left New York State with my child, in violation of our custody agreement?
To start, you should understand that it is illegal for a non-custodial parent to leave the state without the other parent’s permission or permission from the courts. The one exception to this may be if the parent and the child are in some sort of danger and they happen to cross state lines while fleeing that danger. That said, if your ex left the state in violation of your custody agreement or is refusing to return your child and you fear for your child’s safety, you should consider calling the police.
You should also note that, at times, simply violating such an agreement, whether a child is in danger or not, is enough to warrant a modification to the initial custody agreement. These agreements are legal documents and, if they aren’t followed to a T, those who violate them can expect to face certain penalties. Ultimately, the court will have to weigh the specifics of your case and determine whether your ex’s violation is significant enough to warrant a custody modification.
If you have any additional questions, or you are someone either looking to hold your ex accountable or you need help fighting an allegation of custody agreement violation, you need to speak with a competent legal team as soon as you can. Give Barrows Levy PLLC a call today.
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Barrows Levy PLLC is a dedicated New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you require a lawyer who has notable experience handling family and estate planning matters, we are available to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today.