Can my wife send our kids out of state without my permission if neither of us have legal custody? 1 Answers as of June 28, 2011I am separated from my wife. I recently filed a petition for custody but I haven't served my wife yet. She wants to send the children away for a month to another state. Can she do this legally without my permission? Neither of us has legal custody of the children.
Gonzalez Law Associates P.C. | Carlos Gonzalez
Essentially, yes... I would suggest trying to get in front of a judge as soon as possible to get an order of visitation which requests that neither party leave the jurisdiction. If you need an attorney and are seeking to hire one contact us at your discretion.
Answer Applies to: New York