My ex decided that since there was no order of Custody he was going to take the child whenever he felt like it.....
In New York many people constantly struggle over custody and visitation issues. Many people call my office and are fearful that their ex is going to take their child because a custody and visitation order are not in place. If you are married or were divorced in New York you can file an emergency order to show cause in New York State Supreme Court. If you were never married you can file in Family Court.
Filing in Court is a very powerful tool. Depending on the nature of the emergency , you will receive a return date in Court in a few days. Be prepared. Know all your facts. Try to gather evidence like School records, medical records, financial records, emails between yourseld and your ex.
Most importantly, hire a lawyer who specializes in custody and visitation issues in New York.