Legal Question in Family Law in New York
childs choice of where to live
My grandson is 14 yrs old and lived with me the 1st seven years of his life although this was not something set up by law, just the way it happened. His parents were OK with this arrangement. I moved out of town and of course he stayed with his parents (my daughter is the mother). Things are happening back home that are disturbing to me to the point that I lose sleep. This child (who is my heart) is so unhappy. He cleans house, does laundry, watches his two younger siblings, and anything else that his mother and father can think of. He's not being allowed to be a child. He was the most kindest, smartest, caring boy when I had him and now he hates everything. He was an honor student and now he's skipping school, he's been caught shoplifting and cries all the time. He told his mother he wants to come and live with me. God knows I'd let him in a heartbeat but I don't know if it would be legal or if he has a leg to stand on. He just wants to be a kid. He wants to have someone take care of him instead of havingto take care of it all himself. He wants to be with me. I just don't know what to tell him and I don't want him to think that I don't want him. Any advise that you might have would be very appreciated. Thank you so much
2 Answers from Attorneys
Re: childs choice of where to live
1. The parents have a right to have the child live with them.
But they also have a right to place the child to live with you just by moving his clothing to your home and telling him that your home is now his home. No formal document or court order is required.
2. You may ask the parents to give the child to you also. This would be done through the courts.
3. As a grandparent you do have some significant rights in this matter. The big issue for you to emphasize is the missing of school and that it is 'habitual' and 'regular'.
Since you are in the Syracuse area, you are far away from me. But you can go to Legal Aid or some other 'childrens rights' group for assistance. Syracuse University law School is one place to look for help.
Re: childs choice of where to live
1. The parents have a right to have the child live with them.
But they also have a right to place the child to live with you just by moving his clothing to your home and telling him that your home is now his home. No formal document or court order is required.
2. You may ask the parents to give the child to you also. This would be done through the courts.
3. As a grandparent you do have some significant rights in this matter. The big issue for you to emphasize is the missing of school and that it is 'habitual' and 'regular'.
Since you are in the Syracuse area, you are far away from me. But you can go to Legal Aid or some other 'childrens rights' group for assistance. Syracuse University law School is one place to look for help.
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.
