Legal Question in Family Law in New York
Guardianship
I have been raising my sisters kids for 6 months. This yr alone. She is a drug addict and is in an abusive relationship. She is also homeless. How can I stop her from taking the kids back into an abusive situation?
2 Answers from Attorneys
Re: Guardianship
You should apply for custody, based on all of these you have a very good position. However, it is not easy because you are not a parent, buy since you are kin and it sounds like it would be in their best interest, you may file in Family Court. You should consult an attorney.
Re: Guardianship
Consult with an attorney knowedgeable in this are of law as soon as possible. In NY, one can maintain a petition for custody of a child who is not their own only where extraordinary circumstances exist - such as allegations that the parent has abused, neglected or abandoned the child(ren). Depending on the severity of the mother's problem and her behavior, you might need to consider making a report to the authorities. You really need to discuss this in detail with an attorney. Feel free to call my office for an appointment.
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