Legal Question in Family Law in New York

My brother's option for full custody.
My brother's girlfriend is pregnant with their child, she was a binge drinker before and even though told it was a high risk pregnancy, she continues to drink. She has said she doesn't want the baby, my brother thinks he can just walk out of the hospital with this kid, what can we do in order to get custody of this child. My brother is still with her just to keep an eye on her while she's pregnant but really does not want anything to do with her once the baby is born. She already gave her first born to her parents and is neglecting her second child. What sort of legal rights does my brother have? What do we have to do in order to get that baby away from her?

Asked on 3/27/08, 9:54 pm

Debra Palazzo Law Offices of Debra Palazzo, LLC

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Re: My brother's option for full custody.

Will he get a paternity test?

If he is SURE he is the Father make sure he goes on the birth certificate and signs an acknowledgement of paternity (hospital provides it).

The day the child is born he could file a petition in family court for full custody (not before).

If you have evidence that she is neglecting her other child you should call CPS....for the child's sake.

Answered on 3/28/08, 12:35 am

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