Legal Question in Family Law in New York

Can Grandma get full custody?

My 29 year old neice is divorced with sole custody of her 7 year old daughter. She has been living with her mother until recently when her mother found out that she is using drugs. She only works seasonally/part-time and has decided to apply for Section 8 and move out. We as a family don't believe she is capable of caring for this child, emotionally, financially or otherwise. How would the grandmother file for custody and what are the chances of her obtaining full custody?


Asked on 4/26/08, 1:36 pm

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Can Grandma get full custody?

The grandmother can go to the Family Part of the Superior Court of New Jersey located in the county courthouse in the county where the grandmother lives. The court staff will assist in the filing of the custody complaint.

The problem is that to take custody from the mother of a child you must show the mother is unfit and/or abuses the child.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 4/26/08, 2:10 pm


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