Legal Question in Family Law in New York

Brother is terminally ill

My brother is terminally ill and has sole physical custody of his 4 year old. The mother lives in another state and does not try to have a relationship with the child. In addition she is on drugs and prostitutes (at least that is the last we knew about her). My brother hasn't heard from her in 4 months. He wants me to take care of his daughter if he should pass. Where do we start to make sure this can happen and the mother can not come and take the child? Ultimately I would want to adopt her.


Asked on 4/24/09, 9:34 pm

1 Answer from Attorneys
Richard Vallario Richard W. Vallario Law Office

Re: Brother is terminally ill

To answer your questions, it would be helpful to review the Court order granting him sole custody. What he probably needs to do is bring an action, if not already accomplished, to terminate the parental rights of the mother. Secondly, he should designate you as her legal custodian. Thirdly, he needs to have a carefully prepared Will.

This is a complicated matter and these suggestions should not be acted on without consulting an attorney in person.

You may contact us if you need assistance.

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Answered on 4/25/09, 9:45 am


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