Legal Question in Family Law in New York
concern for the baby
can a stepmother get custody of her grandson because the mother is abusing him and she is unfit to care for him.
2 Answers from Attorneys
Re: concern for the baby
Yes. This is possible.
Custody is determined by the interests of the chid and while the birth-mother has the benefit of a legal presumption, that can be overcome.
Physical abuse and unfit behavior are grounds for challenging the mother's custody. Custody and care of a child is a sacred thing. If you have knowledge of threats to the child's safety, you must come forward. I will help you in any way that I can.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
Re: concern for the baby
A non-parent can petition for custody if there are "extraordinary circumstances" such as abuse or bneglect by the parent. A step- or grandparent may petition for custody if they have a special bond, relationship or history with the child. Where does the father fit into this situation? I need to know more about your case to give you proper advice. Feel free to call me at 212-367-9167.