Legal Question in Family Law in New York
My disabled son has a 4 yr old child. They never married. The child and mother resided with her parents since my granddaughters birth. Unfortunately the childs mother passed away 4 weeks ago.My son wants to raise his daughter and has asked me to become guardian to help him. Initially both families agreed that it would be in the childs best interest to remain with the mothers family during the week and weekends at our home until the end of school year and transition her over the summer. The mothers family has now informed my they will petition the court for guardianship because the child has lived with them her entire life. Can they do this?
2 Answer from Attorneys
They can make a petition but it doesn't mean they will win. Just because a parent is disabled doesn't mean he isn't a good parent-- and a parent had a superior right to custody over all others.
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