Legal Question in Family Law in New York

Non married custody or guardianship

I am in the process of divorce, and I live with my fiance. She has 2 children (and she has sole custody- w/ no visitation) and the fathers have said that they are willing to relinquish their parental rights. Is it possible for me to have some kind of legal guardianship/custody (along with my fiance), BEFORE we are married. After marriage I will be adopting the children. Also, right now I do support her and the children.


Asked on 10/21/03, 1:59 pm

2 Answers from Attorneys

Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Non married custody or guardianship

A document can be drafted for the father of the child to relinquish his rights, consent to your joint guardianship with the mother of the child and his consent to your adoption after your marriage. Such a document would be based on technical elements in the law. You may communicate with our office (see information below) to discuss the drafting of such a document.

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Answered on 10/21/03, 2:05 pm
Seth Kaufman Seth M. Kaufman

Re: Non married custody or guardianship

You can probably achieve this, but I wonder what you are actually trying to accomplish. Whatever it is, there is probably a more efficient way.

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Answered on 10/21/03, 11:55 pm


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