Legal Question in Family Law in New York
Here is some background. My biological mother gave me up when i was only a few months old, and gave me to my Guardian. When i was 12, i was put in foster care. I have been in eversince. After many years, i learned that i would not be able to go back home with my Gaurdian mother due to her doing drugs and not doing what she was supposed to do. So now i am stuck in foster care. I was wondering if their was a way i could get out of foster care before the age of 18/ i asked around and resaerched on the internet. I came up with emancipation, but i was told that they dont do that in New York, then i talked to someone at my Foster care facility. they told me i could get my biological mother to give up guardianship to someone else, since i couldnt go back to my old guardian. But when i asked someone else about it, they told me i couldnt becasue DSS was incharge of me, not my mother. I need other peoples input becasue i think they are lying to me. They havent TPR'ed my biological mother, so why wuldnt she have any say so? Would it work if she gave up guardianship to someone else? i need answers please.
1 Answer from Attorneys
That is correct, you are in DSS's custody. So if anyone wants to sue for custody they would be going up against DSS.