Legal Question in Family Law in New York
Custody of a Child
My sister passed away three years ago. Prior to passing she stated she wanted my other sister to take custody of her four children. Now the father of one of my nieces is stating that he wants her to come live with him. What are his rights legally and what are our rights. She has always been in our life and has stayed with us since my sister passed away. She is currently 10 years old. Please advise.
2 Answers from Attorneys
Re: Custody of a Child
Did yo sister leave a will? Did the child's father ever give up his parental rights? These types of issues are usually decided by the courts in terms of what is in he best interest of the child. The court will look at the fact that it is her father and absence abuse or neglect or reliquishing his parental rights, there must be other strong factors to have a court not allow the child to be with a parent.
Re: Custody of a Child
A natural father's rights to his child are superior to all others except the mother's (while she is alive)
Which means if he has not been deemed "unfit" in some way, he will likely obtain custody of his child from the aunt.
However,it is possible he only wants the child due the money... SSI, insurance, etc., If that is the case and it can be proved; and the child does not want to live with him. Then you may have case for the child remaining with your family.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
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