Legal Question in Family Law in New York

Child Custody

Is it permissible for an individual to file for custody of a child without permission from the biological parent. If not what kind of legal action can be brought against that individual.


Asked on 4/13/05, 4:45 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Child Custody

This is a complicated question. A blood relative can bring an action.

If, in that action, the parent is found to be inappropriate, then the blood relative can make himself available as a guardian.

A non-blood relation can report the abuse/neglect to ACS and later petition to become the guardian with a much lower probability than a blood relative.

A grandparent stands in a wholly different place. a grandparent can petition for custody directly as an interested party. this is new law and a new practice and may not be accepted initially by all courts, so a lawyer is needed to present the petition.

Overall, in the absence of abuse/neglect there is no chance of a non-parent gaining custody from a custodial parent.

This is a confused answer, but the question is a little vague. If you clarify the question with more information, I can be more specific in my answer.

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Answered on 4/13/05, 4:55 pm


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