Legal Question in Family Law in New York
Unmarried father's right to give temporary custody to a family member
Unmarried father dating woman who was place in jail, baby will be born there. He is not capable of taking care of the baby alone, he is disabled and collecting disability. He would like to give temporary custody to sister-in-law until the mother is released and reformed. What are the steps and laws on doing so.
1 Answer from Attorneys
Re: Unmarried father's right to give temporary custody to a family member
The "FATHER" must first be adjudged to be the natural father, after the child is born.
Then he would be the "natural" custodian of the child if the mother is incarcerated and unable to care for the child herself.
The mother's consent and approval should be obtained, in writing, for whatever "temporary" arrangements for the care of the child you may want to make.
Suggest that you agree to be responsible for the child; and obtain assistance from sister in law? and other family members. They may require a writing, that should be prepared by a lawyer, that provides them with the authority to make medical and other decisions for the health and welfare of the child, in your and the mother's place and stead.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
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