Legal Question in Family Law in New York
Child Custody/Crossing State Lines
Mother (Jody), who resides in NY state is a drug addict, baby was born 2mos early drug addicted. Hosp reported this to CPS. Baby also required open heart surgery and needs a shot to the lung once a month for a year due to underdeveloped lungs. Jody was released from drug rehab, test pos too many times for cocaine, rehab said she is not ready to quit. Jody's mother (Lorraine, grandma to baby) is trying to get full custody, reported Jody to CPS due to drugs/partying. Can I legally retain full custody of my daughter in another state? Or will the courts continue to give the mother more and more chances to become drug free? CPS tells me relapse is normal for a drug addict and mothers have lots of rights.
1 Answer from Attorneys
Re: Child Custody/Crossing State Lines
The natural father of a child generally has superior rights to custody of his child, over a grand parent; and supposedly has "equal" to the mother's right to custody of his child.
Therefore, if you you are ready, willing and able to provide a healthy and safe home for your child, you should absolutely sue for custody, with the expectation that you will be granted custody, in the absence of the mother's present ability to take custody, no matter where you live, in the US.
Good luck,
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