Legal Question in Family Law in New York

Best Intrest of my NEPHEW

My nephew age 13 has been living with us for 2 mths. His parents signed papers for joint custody, we are listed first. They don't pay for anything for him. He sees them on Sat. They sent him here do to behavior problems in and out of school. Now they want him back. Do we have a chance of full custody? We don't want him to go back to his old ways. He is doing so good now. If you can give us any advice it would be greatly appreciated.


Asked on 3/01/07, 5:41 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: Best Intrest of my NEPHEW

You need to explain more about the situation to get a realistic assessment of your case. Generally, it is extremely difficult for non-parents to obtain legal custody of a child. In NY, a non-parent needs to show extraordinary circumstances in the nature of neglect, abuse or abandonment on the part of the parent to maintain a petition for custody/visitation over the parent's objection. If such a showing is made, the Court will then determine whether such custody is in the child'sbest interest. Contact an attorney experienced in this area of law as soon as possible.

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Answered on 3/04/07, 8:33 pm


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