Legal Question in Family Law in New York

Re: Legal Custody

Sadly no custody is never assured, however the mother would have to show that the change of circumstances would benefit the children. The longer she waits to do this, the harder it will be.

Additionally if the grandmother notices alienation of the kids by the mom, she should act quickly to get the mom on supervised visits. ON the other hand, Grandma must understand that if she tries to alienate the kids from the mother, she will definitely lose the kids.

One more thing. If Grandma wants to keep the kids, then she must get along with mom and include her in things or she will be seen as trying to alienate the mother. Only if the mother is unfit or dangerous or alienating the kids herself should she seek to distance the mom from the kids.

Lastly do not be surprised if Grandma does all she should do, that the kids will want to be with Mom at some point. That is natural. They will love and trust Mom because Grandma kept the relation well... I know it sounds like a catch22 bit it really is a good thing.

It is hard to be the custodian, especially when you are not a parent. For the kids sake Grandma should work with a counselor to make sure she does a good job with this situation.

Good Luck.