Ex-wife is threatening to call the police for kidnapping

The situation you have described above demonstrate that their is no child custody order or visitation established by the Family Court of New York or any other state. Therefore, the first thing that needs to be done, is to register your case when the child is with you. This can typically run you about $1,000 to register the case and establish custody. You will then need to establish a Parenting Schedule, which can range anywhere from $250 - $1,500+ depending on the circumstances. Once you have these things in order, there should not be any problems, threats or whatever. Whoever registers the case first, will have the most advantage in winning the case and having an upper hand. Your situation as is can very well benefit from the support of my office at a reasonable retainer. If the situation gets worse, where she has the child and she registers the case than you will need to retain more aggressive counsel which our retainers will be beyond $4,000. So, the best option would be to register a court custody case establishing parenting time to avoid future problems. Hypothetical scenario, your ex-wants to move out of state, and she has things planned out. You didn't know about it until you called to pick up the child, but she was not answering, and when she does, she says, I am in la-la land. Now you have to travel to la-la land to fight for custody and visitation out of state. Which is a very tough thing to do, and only 40% of fathers get lucky fighting a battle out of state? Until the courts are involved, both parents have the right as parents to do what they wish, whether to stay in the same county or travel out of the country. Rights are endless, and there is nothing much you can do unless you have a very good counsel that prepares you well ahead of time and is ready to win for you. Feel free to contact my office and speak with my case manager at 1 877-866-8665 Thank you.