Legal Question in Family Law in New York

I have legal custody of a little boy while his birth mother is incarcerated. We are not related, but we were asked to care for him. We have a court order that says,

"ordered that the petition for modification is GRANTED and the order, dated August 28, 2008, is modified as follows: custody or"LG" is hereby awarded my husband and I during the time of incarceration of "BM" or for as long as the parties may agree."

Does this include the rehab/halway house or only prison?

His mother is mentally ill and told everyone that this child is as well. We have had custody of him since 2/09. He has been separated from his birth mother since 7/08.

In this time he has made great strides developmentally and socially. We have documents from ARC, WIC and private indivduals stating these facts. It can no longer be determined that he is autistic or brain damaged.

His birth mother will be getting out of prison on 10/23/09 and would like to have him join her to live at a halfway house/rehab facility with her on 10/24/09.

We (as well as many others) believe this woulde be very detrimental to his growth and development. He has not seen her since 3/09 and after that time he had nightmares. She has also not written to us since 3/09. She did call us through a prison social worker 7/09 and promised to write. No letters have been received to date.

We are not sure how to proceed from here.

Thank you for your help.

1 Answer from Attorneys

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