Legal Question in Family Law in New York
Grandparents Guardinship
How do I get my mother and StepFather guardinship if something happens to me? I have Sole custody of my daughter. My Daughter and I have lived with them and they have helped raise her, she connects with them. Thank you
2 Answers from Attorneys
Re: Grandparents Guardinship
If the other parent is still alive, you will need their agreement, otherwise you will have a custody battle. You will have to make a provision in your will addressing guardianship.
Daniel Clement
Re: Grandparents Guardinship
The natural surviving parent has rights to custody over that of grandparents. However, you should document (write down) the history of your child's relationship with your parents and your belief that it would be in the child's best interest to have an ongoing close relationship with your parents; ie., custody, visitation etc.. The Court must consider the "Best Interests" of the child and can order that the surviving parent, even upon "winning" custody, provide the grandparents with access to the child.
Good Luck!
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