Legal Question in Family Law in New York

My Little Sister ''McKenzie''

My mother gave up custody of my little sister 9 yrs ago to my aunt who has then adopted her. My aunt is know very sick and is hospitalized. McKenzie resides w/my aunt's boyfriend, his family, and their 2 kids. My aunt will not allow my sister to come and live with me. No one in that household is blood related to my sister. She has called me evryday, for the past three weeks, asking to come and live with me. I approched my aunt, but she know avoids me. What are my alternatives. How can i get temporary custody of her until my aunt gets well?


Asked on 10/23/03, 7:31 pm

2 Answers from Attorneys

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

Re: My Little Sister ''McKenzie''

You can petition for custody, but you must demonstrate why you would be a better custodian. Why does your sister want to stay with you and not where she is? Over the years, what has been your contact with her? You would need to review these issues with an attorney. You may contact us for a consultation on this issue or any of the other qualified attorneys on this web site.

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Answered on 10/23/03, 9:20 pm
Seth Kaufman Seth M. Kaufman

Re: My Little Sister ''McKenzie''

You do not prvide enough facts about you and your aunt's relative abilities to care for your sister and other facts about your family history for me to assess your case. However, the court is likely to give weight to your sister's preference. If your aunt's condition renders her incapable of caring for your sister, and no other blood relatives are available, then you may be in a good position, assuming, by the way, that you're old enough. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the intial consultation.

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Answered on 10/23/03, 10:47 pm


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