Legal Question in Family Law in New York
If my father is abusive to my siblings 11 & 9 - (one whom has autism) even if its just verbal. He tells him he will kill himself because of them, calls them awful names, and worthless, picks on my little brother for having autism, and is just extremely mentally abusive to them. He does not spend quality time with them, their living situation is dirty, they don't have clothes that fit them appropriately either. I believe they are getting held back this year in school because they only go to school about twice a week, instead of 5. Am I able to fight for custody or rights to the? I am 23 years old. I don't believe they are in a healthy living situation. I do have a great income, and a clean stable living environment. They love my fiancé to death and they both with blatantly come out and say they want to live with me. What are my options? I don't want them growing up anymore in this environment. I am beginning to see psychological issues from his abuse. I know I am capable and can prove I can give them a more appropriate home. Please help
1 Answer from Attorneys
You can fight to terminate your father's right if you can prove that he does not fit as parent; alternatively, you can try to modify custody and terminate father's custody. However, you probably will not get custody over your siblings since custody is given to parents.