Legal Question in Family Law in New York

how do i get custody of my nephew in foster care

my brother 12yrs old child who i had custody of 11yrs ago

is in foster care on a neglect charge the mother is on drugs

has not made visits with this child since january 2005.the

mother has not completed any parenting or drug programs.I

have filed for custody of this child who has been in foster

care for 11 months and the mother does not want me to visit

this child or have custody of him. my brother does not want

the child just as the mother does not.acs who sides with the

mom is not doing whats right for this child.I need help to

fight for my nephew to come live with me out of foster care.

the mother rights are about to be terminated and i fear for

the child that he will be put up for adoption. please if you

could help my newphew to come into my custody i would be so

grateful.


Asked on 4/04/05, 10:48 pm

2 Answers from Attorneys
richard feldman richard d. feldman

Re: how do i get custody of my nephew in foster care

As you describe it the best interests of the child which is the standard that the courts use are not with the parents call me for a free telephone consultation at 516 466 5297

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Answered on 4/05/05, 9:44 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: how do i get custody of my nephew in foster care

You may deal directly with the social service agency, and request that the child be placed with you. If you believe the agency has failed to consider your application in a fair and unbiased way, then you may appeal their decision within the agency format; then within the Court System.

Try to address this matter as if you are related, BUT,"want a child" preferably, your "relation."

Good luck,

Phroska L. McAlister,ESQ

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Answered on 4/05/05, 8:42 pm


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