Legal Question in Family Law in New York

Re: New York State family law

If the State has "custody" of a child and is "acting" and has the authority to act in the place and stead of the child's parents, then anyone, including the grandparents, may "ask" or Petition the Court for custody of the child.

However, the parent's of the child must be given NOTICE of the Petition or Application for custody and they must be given an opportunity to fully participate in the proceeding, unless all of their parental rights have been terminated, by a Court of proper jurisdiction.

The Court and "State" will require that the people petitioning for the child, be fully investigated, for their fitness. The child would be represented by a law guardian and questioned about the child's desires re the Petition for their custody. The parent's objections, arguments and representations, re the proposed custody change and perceived character of her parents, also would be revisited and considered by the Court, before a determination would be made, re the custody of the child.

Good luck,