Legal Question in Family Law in New York

Adoption Subsidy

My husband and I have legal custody of an adopted child. My mother in law adopted the child in New York and gave us legal custody. According to New York law the child (14) receives adoption subsidy from New York. My mother in law refuses to give us the subsidy for the child. We were told we could take her to court for child support but I should be able to apply for child support from DSS right?

Also, will she be able to take the child away from us? We have raised her for 8 years and living in North Carolina for four. What things do they consider when getting custody overturned. Also, my husband has a daughter who we also raise and have custody of. My mother-in-law wants her too. What would she have to do to get her? I really need some help. Thank you


Asked on 8/19/05, 4:04 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Adoption Subsidy

An adopted child is the child of the adoptive parent and has all rights to custody of the child superior to any non parent, including but not limited to the "birth" parent or other relatives, you may have "temporary" custody.

A "grand parent" does not have rights to custody of a child superior to that of a natural parent, who has custody.

Thus, your mother in law can petition the court for return of "her" adopted child, and will probably suceed. However, she does not have standing or the right to petition for custody of your husband's child.

Good luck,

Phroska L. McAlister,ESQ

Read more
Answered on 8/20/05, 12:45 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York