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State Support Forums >> New York
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Jamie D
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Reged: 07/11/07
Posts: 7
Loc: New York
Removing the children from their home
      #118305 - 07/14/07 02:04 PM (74.78.51.238)
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Right now we are all sharing the same address like always. I am waiting to be served with the complaint so, while my wife goes on dates, I take care of the kids, clean the house and cook the meals.
I am anticipating her grabbing the kids and going somewhere when the heat begins to kick up. What are my rights in this matter and how do I protect aginst my kids being removed from their home?


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theanswerguy
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Reged: 04/12/07
Posts: 2388
Re: Removing the children from their home [Re: Jamie D]
      #118312 - 07/14/07 02:38 PM (205.188.116.144)
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Why are you waiting ? Get an attorney and as soon as you are served , answer her complaint and have you lawyer initiate an order to show cause fo temp custody and to have the children remain in the marital residence . Don't be suprised if she tries to have you removed .

--------------------
Never let your sense of morals get in the way of doing what's right. Isaac Asimov


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tractormom
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Reged: 06/11/07
Posts: 67
Loc: Nassau coutny, NY
Re: Removing the children from their home [Re: Jamie D]
      #118886 - 07/16/07 02:44 PM (71.125.231.108)
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if I read your post right you and your ex are currently living in the same house?
I have to ask-Who owns the house? If you jointly own the house, how would she would be allowed to grab the kids and go? I could be mistaken, but if she does grab the kids and go-it's that kidnapping??
I take it you have been the primary care giver?
I have to say- seems you are going to goin through the same thing I was. If you are worried about her grabbing the kids and runing- may I suggest you call your lawyer and find out what YOUR legal rights are.
Tractormom


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adrenaline
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Reged: 03/21/06
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Re: Removing the children from their home [Re: Jamie D]
      #120159 - 07/22/07 05:37 AM (68.15.180.76)
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Well with the limited info given I say get a lawyer and file for temp custody before she does. If you have temp custody you have all the rights. If she takes them and you fight she will win temp custody. Beat her to the punch. It really is your best bet.

Not kidnapping if no papers are signed.

--------------------
The problem isn't the game; it is that nobody knows the rules.


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