Legal Question in Family Law in New York
Custody of 17 year old Grandson?
My grandson, 17, a senior in HS lives with his father. His mother, my daughter abandonded him last year. HIs father only provides shelter and miminal food (no extras). I give spending money, provide most transportation and clothing, etc. I have gotten him enrolled in a local community college without any help from his parents (no interest by father).
A relative bought him a vehicle and insurance for one year. We want him to get a job so he can prepare for college and help out. His father refuses to let him get his license. Claims he is not responsible. (not true).
His father needs to do his income taxes for 05 and 06 before we can get financial aid (fafsa) for college. He won't do it.
NYS does not have emancipation statute. I want him to live with me. I will support him in every way. I need assistance to get financial aid for college without his father's paperwork.
Is there a way he can live with me without his fathers permission? Can we then apply for financial aid without father's income? And, can we continue to have health coverage under father's plan?
I might be able to get my daughter to give permission for whatever I need. I believe they share custody.
Thank you for any assistance.
2 Answers from Attorneys
Re: Custody of 17 year old Grandson?
If your daughter abandoned him and the court awarded him custody then it may be difficult. However, you can petition for custody, if the father did not already and have the court award custody to you. That is the only way you can legally have authority to enroll him in school, etc. If you petition the court for custody then you can also seek child support from his father. As for financial aid, you may need his tax returns.
Re: Custody of 17 year old Grandson?
You, your Daughter and Grandson; or You and your Grandson, can jointly Petition the Family Court for you to have Custody or Guardianship of your grandson and for father to pay child support.
Alternatively, you can assist your Grandson, in filing a Neglect/Child Support/Custody, Emancipation or other Petition in the Family Court, that will compel father to present evidence of the support and care the father should be providing your grandson.
In NY, a Petition for a Declaration of Emancipation of a "minor" essentially requires the claim, that the youth is self supporting and is able to make responsible decisions re his/her own health, care and safety; Or, has a reasonable PLAN, for same. The "self support" need not be entirely from employment resources.
In sum, try to get this matter in Court, before a Judge, ASAP, to permit your grandson to clearly, calmly and coherently present his PLAN.
Keep in mind that if father loses custody, he will be ordered to pay support.
And, a sixteen year old has "standing" to be heard in any matter having to do with his custody, health, education and well being.
Good luck,
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
