Legal Question in Family Law in New York
Confused about Child Custody
hi i am a father of a 7 month old daughter named destiny, her mother and i were just bf/gf and i am not her biological dad, anyways she died 4 months ago and her parents havent even been in destinys live in almost 5 months and out of the blue today they call me today and tell me they want her for 3 months this summer, and i dont think its fair too let them have her when they havent cared too try too contact me about her before now so my questions are, number 1 do i have too let them see her, and number 2 what r my chances if i went too court
1 Answer from Attorneys
Re: Confused about Child Custody
I recommend you expend every effort to stay out of court.
It would have been best had you made an effort to adopt the child or to establish yourself as the foster-parent. But that may not be possible now.
You have established an interest in the child based on you months as her guardian. I think you need to formalize the guardianship as soon as possible.
The law will 'presume' a stronger interest in the grandparents than in you at this point in time. But you can change that.
Try a womens group or a womens shelter to get free legal assistance.
See a lawyer quickly.