Legal Question in Family Law in New York

Re: Mystery Novel Research

in general terms, i can say this:

parents have the right to raise their children. your hypothecal father could reappear and claim his child. the Child Protective Service and/or the aunt (mother's sister) could ask the Court to take away custody from the father and give it to the aunt or another suitable person.

Re: Mystery Novel Research

Yes, he could have standing.

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Re: Mystery Novel Research

Generally, a surviving parent's right to custody of their natural child is superior to all other persons.

In addition, a parent suspected of murder would not automatically be denied custody of his or her child/ren. Inasmuch as a "suspect" is presumed to be innocent, until proven guilty, under the law.

Since a child's right to "have" both their parents is "personal" to the child. It is not a right a parent can unilaterally give away, orally or by any writing, to a third party. Nor, is it a right that expires with the passage of time or non use.

As a result, one parent cannot "exclude" the other parent from custody or guardianship of their child, by Will, notwithstanding, the "other" parent's absence from the child's life, for an extended period of time.

The person who has custody or guardianship of the Child/ren of a surviving a parent, WOULD be entitled to receive SSI benefits, RE the deceased parent earned SSI credits, for and on behalf of the child/ren.

However, insurance, other property, benefits and assets of a deceased parent, left to children, may not necessarily be disbursed, paid to, or controlled by anyone not specifically chosen by the deceased parent.

Such Other assets of which children may be beneficiaries can and are often paid over to a TRUST, or GUARDIAN, with a named "TRUSTEE" or "GUARDIAN," of the property, which the Courts rarely disturb.

Good luck,

Re: Mystery Novel Research

I disagree with the information provided by my colleagues. A non-parent generally does not have standing to maintain custody over a parent, except where there are extraordinary circumstances in the nature of abuse, neglect or abandonment. The father you describe would be viewed as having abandoned the children and would have to prove that he was more capable of serving the childrens' best interests. Further, there are paternity issues and the real possibility that the aunt could adopt the child without the father's consent because of the abandonment.