Legal Question in Family Law in New York

Re: physical vs legal custody

In most circumstances, the public (schools, hospitals, etc.,), requires only a valid certifiable birth certificate, with the father named, in order to prove the father is the "natural guardian" of the child.

However, since the Court acquired jurisdiction over the parties and the custody issue, the Court IS the essentially the "superior" parent respecting the child's interests and all custody issues.

Therefore, IF "abandonment" of the child/ren by the "legal" custodial mother, to the natural father, appears to be permanent, then the father should Petition the Court to Modify and change "legal" custody to him.

Good luck,

Phroska L. McAlister,ESQ

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