I have a friend’s sister who lives in NY with her husband, who’s a cop. They have an infant together and she recently discovered he was cheating, and can prove it. Of course he won’t admit it, cuz apparently in NY it’s against the law to have an affair. The woman wants to leave & take the baby, of course, because all her family is in California . Here’s where it gets sticky…
She can’t leave because NY states that if leaves, then she automatically gives up custody of the child. Once she’s established residency for one year in another state at a single location, then she can return and fight for custody of the child.
Can anyone shed some light on the subject? What would be the best thing for her to due?
2007-03-20 06:22:29 · 9 answers · asked by celticdragon 6 in Family & Relationships ➔ Marriage & Divorce
For her to get separation papers stating that the husband agrees for the wife to leave the NYS with the child. It will be also be wise to set spousal and child support patyments while separated and working to get a divorce.
Good luck
2007-03-20 06:26:49 · answer #1 · answered by Blunt 7 · 0⤊ 0⤋
I never heard of such a thing and I live in NY State. No judge would bar the woman from moving to a place where she has roots and family and a chance to to provide a better life for herself and child. She would not lose custody if there is no evidence of her being an unfit mother . Somebody is tell a lie
2007-03-20 13:33:52 · answer #2 · answered by Anonymous · 0⤊ 0⤋
File for divorce, present the evidence to the court, and ask for sole guardianship, the father can have visitation rights. If cheating is against the law in NY, than she should have no problem getting her way in the trial.
2007-03-20 13:27:52 · answer #3 · answered by beygrl 4 · 0⤊ 0⤋
She should not say anything to him, hire an attorney, get the evidence and kick him out. In NY, she'll be entitled to everything because of his behavior and then she can get sole custody and get out of that bad situation.
2007-03-20 13:25:54 · answer #4 · answered by Anonymous · 0⤊ 0⤋
well, he has broken the law so turn him in
contact a lawyer and find out if she takes the child out of state while he is arrested if NY laws will apply or will CA laws apply once she is there.
be cool...
2007-03-20 13:26:42 · answer #5 · answered by CC Babydoll 6 · 0⤊ 0⤋
she can start by hiring an attorney. since i don't know all the laws in new york or california...a lawyer will be the best person for her to consult.
2007-03-20 13:24:58 · answer #6 · answered by cfalways 5 · 0⤊ 0⤋
Divorce lawyer!
2007-03-20 13:37:49 · answer #7 · answered by Flagger 6 · 0⤊ 0⤋
she is stuck in NY
2007-03-20 13:25:24 · answer #8 · answered by kat_luvr2003 6 · 0⤊ 0⤋
GET A LAWYER. GOOD LUCK.
2007-03-20 13:25:32 · answer #9 · answered by CNT 5 · 0⤊ 0⤋