Legal Question in Family Law in New York
Non-marital children & custody
My question is that my husband and I just got married a few weeks ago and he has 3 minor children from a previous marrage, all three children live with us and have been for 51/2 years and he has physical custody, but both have joint custody. My husband and I are worried about what will happen with the children if something should happen to him? Is there something legally that we can do in order to keep the children with the home they are being raised in. At the present time the mother see's the children every other week by a court order and has very little contact in between visits, can you give us some suggestions, if something should happen, ages of children are 9, 12, & 15. Thanks
2 Answers from Attorneys
Re: Non-marital children & custody
Absent a showing of "extraordinary circumstances" in the nature of maltreatment or abandonment, you would have no standing to maintain custody of the children as against their natural mother. Please do not hesitate to contact me if you wish to discus this further.
Re: Non-marital children & custody
While it's not determanative, your husband should make a will and express his wishes and his reasoning in the will. While a court does not have to adhere to a custodial parent's wishes in his way, they may be taken into consideration if a judge determines that the wishes are in the best interest of the children.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
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