Legal Question in Family Law in New York

My mother (almost 80) has been the primary caregiver for a child (age 13) since the child's birth! The childs Mother (age 34) was also brought up by my mother. Neither of these individuals are blood related although they both call her mom/mom-mom and always have. The childs mother married a man (54 years old) about two months ago, my Dad died one month ago! Since my father has passed the 34 year old has given the child to her birth father, blocked us and my mother from all cell phones and facebooks, and will not even let my mother talk to the birth father or the child through the birth father. Is there anything we can do to gain, at least, telephone privileges for my mother and the 13 year old child?


Asked on 9/04/12, 10:21 am

1 Answer from Attorneys

Philip Katz Fink & Katz, PLLC

Your question is very confused (probably because the situation is very confused). If you (or your mother) are a parent, grandparent or legal custodian of the child, you may have the right to petition the court for access to the child. If you believe that the child is being neglected, then you may want to contact ACS and advise them that you are willing to be the custodian if they find that a neglect situation exists. I really cannot advise further given the unclear fact pattern. I hope this helps!

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Answered on 9/04/12, 10:45 am


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