Legal Question in Family Law in New York

custody from fostercare of grandaughter

I recently obtained custody of my grandaughter who was in foster care. She was residing in Cortland County at that time. She now lives in Madison County with me. I have been contacted by Madison County Children Services who would like to make a home visit every month. I spoke with Cortland County and they said that it was too far for them to make the visits themselves. Do I have to allow these visits? There is nothing in any of my paper work that says this is required, it only says I have full custody. I am very uneasy about letting them into my home. Every web site I have found says not to let them visit. They want to come this Thursday. Please let me know by then.

Thank You,

--name removed--Shramek


Asked on 10/03/04, 1:08 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: custody from fostercare of grandaughter

As long as your grandaughter is a "foster" child, and she remains in the [system], she is essentially a Ward of the State.

Thus, the State Agency of the County, with oversite, has regular home visit rights and obligations; and the right to delegate.

If You Adopt your grand, or have the mother or father join you in Petitioning the Court to appoint you Full Legal Guardian of the child, in place and in stead of "the State Agency,"

you may be able to eliminate or at least minimize the State's interference and interuption in your lives.

Keep in mind, however, that your child's failings as a parent to her child, your grand, will in part be considered attributable to you. So, it will not seem unreasonable to the Court, that You should be thoroughly investigated and questioned about very personal aspects of your life at every stage of the proceeding.

Good luck,

Phroska L. McAlister,ESQ

In the meantime, try to accomdate in a way that is least annoying to you. Eventually, they should leave you alone and the visits will become less frequent.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/03/04, 1:43 pm


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