Legal Question in Family Law in New York

I am not sure of your question. However, if you are asking how can you obtain custody when a parent has agreed to let you obtain custody, you can adopt if you are not the other parent.

If you are a parent of the child then you can petition the court for custody and have the other parent agree.

I hope that this answers your question.

Patricia Martin-Gibbons

In New York State, if you are the parent of the child you can petition the court for custody. Once you are in court, if the other parent agrees, you can enter into what is called a stipulation (it's a legal term for an agreement that has the same force and effect of a court order once a judge has approved it) for you to have custody.

Keep in mind, however, if you are not the parent and obtain custody through this method, the parent (if he or she has not had a termination of parental rights take place), can petition for custody again. A parent has a superior right to custody and can re-petition the court to obtain it.