Legal Question in Family Law in New York

Child does not want to live with mother

I have always been a part of my 14yr old child's life, however because I used to work on a rotating shift I had to leave my child by a babysitter (godmother- No blood relative)my babysitter on several occasions asked me to adopt my son, which i never responded too, now my child is 14, and is capable of travelling on his own I told him that he must come home and can visit his godmother on occasions, this is not what he wants, he was not accepted to any school of his choice and so I had to place him in a scholl where I have to pay, his god parents is threating to take me to court, for mental abuse of my child, this does not happen in my home. Because of his age can the law give my child to someone who is not a blood relative because it s what my child wants? Also I have learned that there is no night supervision for my son the godmother works at night and the godfather is crippled and cannot climb the stairs. PLEASE HELP..many thanks

Francesca


Asked on 7/13/01, 9:20 pm

2 Answers from Attorneys

Kellie Gasink Kellie Gasink, Esq.

Re: Child does not want to live with mother

You are the legal parent. That is that.

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Answered on 7/16/01, 12:20 pm

Re: Child does not want to live with mother

The 14 year old is not yet old enough to decided

for himself. He is subject to PINS supervision

until age 16, when he does get this right

This age is slated to rise to 18 in November

The godmother runs the risk of being charged

with custodial interference if she does not

follow your wishes

Absent extraordinary circumstances (not

described in your missive) a natural parent

will not be defeated in court by a non

parent

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Answered on 7/16/01, 6:03 pm


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