Legal Question in Family Law in New York

Guardianship rights

My 5-year-old granddaughter has been residing with her paternal grandfather and his wife for over a year. Her baby brother died suddenly, and because of the emotional dynamic in her home during this difficult time, her mother requested that they care for her temporarily so that she would have some stability. After a few months, the grandparents pressed for guardianship so that they would have the authority to make decisions, and my daughter signed under duress. They have now informed her that they intend to keep her permanently, and will fight to do so.

My daughter has legal custody of her child (joint custody with her ex-husband), and can in no way imaginable be judged to be unfit. What legal grounds, if any, do they have to seek to do this? What steps should my daughter take to stop this?


Asked on 8/29/05, 12:48 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Guardianship rights

A grand parent "Guardian," whether they have written authorization or not, from a natural parent, generally DOES NOT have superior rights to custody of a child, over that of the child's natural parents. So, if the grands refuse to return the child, after your daughter's formal and documented requests and demands for return, either your daughter, her EX or both, may file a a Habeas Corpus Petition, in a "Family" Court of competent jurisdiction, within the venue (or local) of the grand's residence.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 9/02/05, 12:24 pm


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