Legal Question in Family Law in New York

adoption of grandson

daughter is terminally ill son is 6yrs old autistic, daughter has sole custody, father has sent child support but never asked for visitation since birth. maternal grandmother has guardianship from surrogates ct but now has been told i need standing in family court in preparation for adoption or custody(preferable) when mother passes away. i have been told that guardianship doesnt mean a thing and father can remnove child from me(lives with me with his mom)because he signed papers at birth and child has his name. since chikld is autistic, removing him would be very traumatic and depamentral to him. how can i safeguard him since it is becoming apparent that all we did in surogate court was for naught.parents never married mother has enlarged heart since birth with a muscle degenerative disease. doesnt want the father to see her because he has threatened over the phone to remove child since she is so sick. she is still an excellent mother with her families help. child thrives in a loving family enviorment and it is a sad situation that might arise. how can i get through this legally in the childs best interests father ran away at birth took 2 yrs to find him and another year in family curt to obtain support which is sporadic at time


Asked on 1/03/06, 8:10 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: adoption of grandson

While the guardianship might not mean a thing a preexisting relationship might. The best thing to do is to speak to the father about his intentions prior to any acrimony. If he has not sought visitation he may not be interested in custody. IF he is, and you believe that removing the child would not be in the child's best interest, you will need to petition the court, but if he is not interested in custody you may be able to have him consent to your adoption of the child. Good luck.

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Answered on 1/04/06, 2:51 pm


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