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.
1 Answer from Attorneys
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.