Legal Question in Family Law in New York

Re: Aunt to be Legal Guardian

YOu must begin in the family court in the county in NY in which the child resides. There will more than likely be a need to prove the abuse and that you are a proper person for the child to reside with. You will more than likely need a lawyer and the process can be expensive.

As one of the purposes of the family court is to unite disfunctional families after they become functional, the court will likely not want to move the child so far away (AZ)unless there is no proper guardian within traveling distance to the NY County. Once the child has lived in another state for more than 6 consecutive months, she becomes under the jurisdiction of that state's courts. The NY court will not want to easily allow that. Hence the need for a lawyer who knows both the statutes and the needs of an abused child is necessary. The child's best interest will more than likely be considered by a court appointed guardian ad litem. Though many of these people are good lawyers, many are not and the pay is poor. Hence a further need for you to have the best counsel you can find should you undertake this endevor.

Call a lawyer in NY. If you don't know of one, contact the county bar in the county in question or the NYS Bar Association. Though this is a difficult situation. You are to be commended for even considering the difference you can make in this child's life.

Good Luck