
Quoting
aweir14150
My question involves a child custody case from the State of: KY
My friend moved from New York to Kentucky last year with his wife and their two children. About two months ago, she kicked him out of the house to live with me, and one day she withdrew the kids from school without his knowledge and fled the state to go back to New York while he was at work. He filed for divorce and temporary custody. Before the hearing took place in Kentucky, New York state had appointed a lawyer for the children and there is currently is an "investigation" hearing pending because she is alleging that he is abusive toward the kids.
His lawyer told him not to worry about it, and that Kentucky has jurisdiction because that is the childrens' home state. The hearing took place in Kentucky last week and of course the children weren't present because she never showed up even though she was served. however, she filed a response with the court and didn't mention any abuse on the pro se response. Nonetheless, he was awarded temporary physical custody of the children until the final divorce hearing. The custody order says he can take any steps necessary to return the kids back to Kentucky. He is planning on going to New York and pull the kids out of school and bring them back.
The question is if she is alleging abuse, and New York has appointed an attorney for the children, what will happen if he leaves the state with them? Will New York try to get emergency jurisdiction and order him to return the kids until the hearing is completed in New York, or will Kentucky have jurisdiction and the New York case transferred to Kentucky?