Legal Question in Family Law in New York

Legal Guardianship

for the past 3 years ihave taken care of my cousin's now 4 years old grandson. i claim him on my tax return and he's on my medical coverage at work. his mother who is now 19 wants to take him back. she is not working and is currently pregnant for another guy who recently came out of jail and is also not working.

iwould like to know if ihave any rights and can i file for legal guardianship or custody of this little boy.

Thank You,

Donna


Asked on 3/09/04, 12:17 pm

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Legal Guardianship

If you file alone, the Court may deny you STANDING to intercede or intervene in this matter. So.....You might consider having your cousin, the grandmother, file for custody or as "foster" grandparent of the child; with you proposed as the "legal/ guardian/ caretaker," or other status recognized by the Court.

If the "grandmother" cannot afford an attorney, the Court may appoint one.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ

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Answered on 3/11/04, 1:20 pm
richard feldman richard d. feldman

Re: Legal Guardianship

the best interests of the child are always paramount. You might get guardian or foster status. you can call me at 516 410 4001

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Answered on 3/09/04, 10:03 pm


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