Legal Question in Family Law in New York

Non-Parental Custody of a Disabled Child

A friend has asked me to raise her disabled child due to family circumstances that do not allow her to provide the best environment for the child. Is there a way, short of guardianship, that we can work this out? The biological father is not open to adoption and is uncomfortable with guardianship. We need a legal form of custody that will be recognized by SSI as well as other support services the child needs.


Asked on 5/20/04, 3:08 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Non-Parental Custody of a Disabled Child

The desire to limit the 'States' oversight of personal aspects of your lives, is understandable.

HOWEVER, A 'Guardianship' iS what is ncessary.

But it may not be necessary to start a Court proceeding.

A Stipulation, Authorization or other Contractual Agreement may be prepared and signed by the parents and other interested parties, will generally suffice, without necessity of going to Court.

You need a lawyer.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 5/22/04, 1:50 pm


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