Legal Question in Family Law in New York

Child custody due to death of mother

My son currently resides in new york with his mother and step father. She has recently lost her battle to cancer in which I will be fileing for full custody in Florida where his stepmom a stepsisters reside. I am hopeing to bring him in to live with us after he finishes off his shool in June. Should I the best of chances over other family members


Asked on 4/01/08, 8:19 pm

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Child custody due to death of mother

As long as you are a fit parent...you have a superior right with the courts (and the constitution) over other relatives.

You will need to show how it is in the best interest of the child to re-locate with you to Florida.

If the child is old enough to articulate his preference, the court will take that into consideration as well.

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Answered on 4/02/08, 8:41 am


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