Legal Question in Family Law in New York
custody of my neice and nephew
I would like to know if I have a right to get custody of my neice and nephew from my sisters ex-boyfriend. He is only the father of my niece and not my nephew. He doesn't let them visit anyone from their mothers side of the family.My sister is not able to take care of them she is battling a drug, hiv problem.She told me that she wanted me to get the children.These next statements might not have anything to do with the siuation but My sister is caucasian her exboyfriend is black, so his daughter is bi-racial but my nephew is caucasian ,what I'm trying to say is that he is alienating the children from their mother side of the family.I also think he is using drugs again.My nephew cries to stay with me but he wont let him and he doesn't let him talk on the phone too much.I need help ASAP..They were involved in a serious accident about 6 months ago they were almost killed and he didn't even notify me. I found out from a news reporter doing a follow up story..
1 Answer from Attorneys
Re: custody of my neice and nephew
This is a very difficult situation. My best wishes to your sister in her challenges.
Regarding the children, the child who is not related to the boyfriend by blood , adoption, or marriage is very likely to determined by the courts to stay with you. Your sister has exclusive legal custody and has the right to entrust the child with you. The boyfriend has little legal standing to contest this.
That part is not complicated.
The child who is the natural daughter of the boyfriend is more complicated. However, your sister is currently the custodial parent and she may entrust the child to you. The boyfriend must then contest this.
What does the birth certificate indicate?
The family of the child has limited standing to require visitation. This is a new area of law and your sister's wishes will weigh heavily.
This is a complex case. You are welcome to a consultation for no fee.
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