Legal Question in Family Law in New York
custody of stepson
Hypothetically, if my wife were to die leaving her 6 year old son behind...no will, she has full custody, father does not have visitation but might want custody if she were not around...is there a chance that i would be able to get custody of him? Is she able to leave custody to a certain person if she were to draw up a will?
2 Answers from Attorneys
Re: custody of stepson
Why not just adopt the child?
This will determine Whether the biological father object?
Sincerely,
Patricia Martin-Gibbons-NY
Re: custody of stepson
To specifically answer your question, the biological father would have custody, even if the will stated otherwise. However, the step-father may petition the Family Court for custody, and the Court would look at the best interest of the child to determine custody.
Mike.
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