Legal Question in Family Law in New York

Child Custody/Guardianship

My aunt died and left behind a 28 y.o.daughter who took care of her while she was sick at her home and a 15 y.o .Her husband not the biological father of either abandoned them and kicked them out.

#1. What are the chances of the 28 y.o. sister getting custody. She is working full time, but does not have a home yet, but is staying with myself and husband ( cousins of the girls ). She was turned down for public housing assistance. I would love to get custody of the 15 y.o. We have a stable home and jobs.

#2.What are my chances of getting custody being a cousin. There is no surviving family except my dad ( parents ). Im not even sure my aunts husband had custody ever or guardianship ever. He was also just arrested for DWI and is mentally abusive.

Thank you for your time.

KC


Asked on 12/10/05, 8:23 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: Child Custody/Guardianship

A biological parent normally has greater rights to custody of a minor child as against all others. Here, your relationship to the child may be a factor in considering the child's best interests, but it does not automatically give you preferred standing over other family memebers or interested parties. You should consult an attorney as soon as possible to help you prepare for the filing of a petition. Feel free to call our office to scheudle a consultation.

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Answered on 12/12/05, 12:30 am


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