Legal Question in Family Law in New York
child custody
my husband has been with my daugter since she was 3 months old and she is now 7. we are married and her natural father has never been there for her. he has never cared for her at all. if i were to pass away would my husband get custody?
2 Answers from Attorneys
Re: child custody
the natural father would be able to get custody. The one way to ensure that your husband gets custidy is by adopting the child
Re: child custody
My respect to your husband as a model father and as a man.
1. The law favors the 'natural' or 'blood' relative over the step-parent. This is because there is a 'presumption' that a 'natural parent' is a 'fit parent'.
2. There are two ways for your husband to overcome this presumption. (a) present evidence that you want him to be the guardian of your child (a WILL would be very influential here) combined with some evidence that the natural father is an 'un-fit parent'.
(b) The second way offers a higher probability of success. The step-parent can legally adopt the child and become the 'legal parent'.
You are welcome to a consultation for no fee. Email is best to make an appointment.
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Accused of child abuse What should i do. Asked 6/06/07, 9:46 am in United States New York Family Law, Divorce, Child Custody and Adoption
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