Legal Question in Family Law in New York

custody vs adopt

My wife and I married 3 yrs ago. She let her parents adopt her two girls in 96 for the purpose of her girls having insurance. At the time the girls were 4 and 1. Her mom and dad have a control problem. My wife has been a constant in the girls lives and has been there everyday for her girls, for school meetings, doctors appt etc.. We were given custody of the girls back last year with her mom and dads approval. The girls have lived with us in NY for 1 year. the adoption was in KY and the custody done in NY. Now one of the girls thinks she wants to go back to school and live in KY (now 11 yrs old ) Her mom and dad want custody back and we dont. My wife has fought for yrs to get some type of control of our girls back They have pretty much lived with us for the past 3 yrs in KY and the past 1 yr in NY where I am stationed at Fort Drum and a member of the Army for the past 2 yrs. What rights do we have with the custody vs them havingadopted the girls in the past.


Asked on 8/22/04, 11:42 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: custody vs adopt

If the girl's legal adoption, in KY, by your wife's parents was actually finalized, your wife does not have any parental or other rights concerning the girls, not specifically "So Ordered" by the Court, in KY.

"Sisters" generally do not have standing in custody/visitation actions, in any state, unless the "parents" of the children consent or are both deceased.

Good luck,

PHROSKA L. McALISTER,ESQ

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Answered on 8/22/04, 8:09 pm


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