Legal Question in Family Law in New York
children taken by acs
acs has taken my child. I am not the biological father. i have raised her as my own since before she was born. her mother and i split up when my daughter was 5. she had another child with another man. this man molested my daughter. her mother left him, had nowhere to go so i took her and both kids in.now she wont leave &law says i cant throw her out.i pay for everything, she doesn't contribute anything. i bring my daughter to school every day, make sure she does her homework, is fed and clothed properly.the mother is unfit, does drugs and other bad things. she disappeared for 4 days(not the first time),i think she was in jail(also not the first time), unknown to me she instructed the second man pick up my daughter from school against my instructions. acs names me as one of responsible parties for allowing this. hearing is friday 2/10. how can i get my daughter back? can i be given custody? will the court help me evict the child's mother?
1 Answer from Attorneys
Re: children taken by acs
This is a serious situation and you have my respect for the compassion that you have shown.
If the mother is not currently unmarried to you, then you may 'eject' her from your home. Eviction is not possible, but the same (Housing Court) court will eject her. It is a normal Landlord & Tenant action and I can help you with that. Its not expensive.
The more challenging problem is the custody of the little girl. Your legal rights are more problematical here. (1) you can assert paternity and get custody, (2) if the child was born while you were married to the mother you can assert parenthood without being the actual biological father, and (3) after the mother is found to be unfit then you can petition for custody on the basis that you have been the actual custodian and de facto guardian of the child.
You will need a lawyer to do more than just take you out of the case as a defendant.
You are welcome to a consultation and email is the best way to make an appointment. (The court will adjourn your part of the case if you explain on the 10th that you will need more time to get a lawyer.)
ACS is a mess and getting 'in the system' is a nightmare, but people also get out of the 'the system'. It will get better.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
