Legal Question in Family Law in New York
custody
can a boyfriend get permanent custody of children who are not biologicially his when the mother dies; when the maternal grandmother,wants to care for the children with the permission of the biologicial father of the children?
Asked on 3/24/04, 11:32 pm
1 Answer from Attorneys
Phroska L. McAlister
PHROSKA LEAKE McALISTER
Re: custody
NO. Neither a boyfriend or "legal" stepparent has rights to custody nor "standing" to even Petition the court for custody or visitation for and with, a deceased girlfriends's children.
The boyfriends only option is obtain the consent and cooperation of the children and their blood relatives, to maintain a relationship with the children, in their "best interest" for the sake of the children's sense of continuity, stablility, and so forth.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ.
Answered on 3/25/04, 12:10 am