Legal Question in Family Law in New York

grandparent wishes to adopt grandson

my daughter 27 is terminally ill and gave us maternal grandparents shared co guardianship of her 5 yrold son with autisim. the father of thechild left when he was 3 weeks old. found hin in the navy two years ago and went to court to obtain child support. he has never seen child and she has sole cutody from family court if she should pass away how can we turn gurardianship into custody. father states he doesnt really want child but needs the child support for himself and the ssi money the child receives so he would take him. he states that he hates us for making him pay child support and will not give us visitation rights we have raised the boy since he came home from the hospital, attend and pay for all doctors and autistic drs visits, am on the pta of his special school and am more mom than his mom is able to be. what chances do we have to sue the biological father for custody since father has had no imput in childs life and child has special needs and is merely a meal ticket to father. we own a big house and he has his own room and more love and attention than anyone else can give him. losing his mom and losing him is too much to bear. surrogate court gave us coguardianship and her will states he is to stay with us.


Asked on 10/03/05, 7:34 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: grandparent wishes to adopt grandson

My condolences on the tragedy of your daughter's illness.

You have an excellant chance to retain custody of the child.

Your daughter can have you declared the guardians of the child now. In addition, you can adopt the child now, before your daughter passes. Adoption is the only tool to extinguish his interest in the child permanently.

If there are any records of his statements, preserve them. In addition, you can go to Radio Shack (or similar place) and purchase something by which you can record your telephone conversations. Getting him on tape with those statements would be helpful.

You are welcome to a consultation for no fee.

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Answered on 10/06/05, 5:10 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: grandparent wishes to adopt grandson

Would be adviseable to establish a Court Record NOW! in order to make certain that you have "Standing" to contest the father's opportunistic custody claim.

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Answered on 10/05/05, 3:13 pm


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