My wife and I are still legally married. My kids and wife moved to ny in feb. she sent the kids to visit her parentsin july in new mexico. A...

Question

My wife and I are still legally married. My kids and wife moved to ny in feb. she sent the kids to visit her parentsin july in new mexico. A paper stateing the kids would return on Aug 31st was written and signed as well as notarized. A custody petition was filed w/ family court this week as it has been 6 months since they moved here. A phone call from the board of education was just received indicateing the mother has requested school records be transfered to New Mexico to register them for school there behind the fathers back. If the mother is served with the paperwork for family court in ny will she be required to bring the kids back or can she fight it stateing the trip was a move not a vacation as indicated originally

Answer

Based upon her deception, she might state she moved in February.

You will have the paper noting she was just visiting.

The judge will decide whether New Mexico has jurisdiction.

Even if New Mexico has jurisdiction, it does not prevent you from seeking custody and the return of the children to New York.

Moreover, because you are still married, you should think about filing for divorce.

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Answer

I agree with Paula. New York would have jurisdiction. The paper may constitute evidence of the mother's intent to remain in the NY jurisdiction.

Not only would I file a custody petition in New York, I would also file a Writ of Habeas Corpus to have the children produced in New York. A valid writ will be enforceable in New Mexico.

Finally, Paula is correct. Maybe you should be filing for divorce.

Mike.