NY State Family Law Questions

Captcha · May 11, 2015

I have a thirteen-almost-fourteen year old girl who was raised by her mother and aunt. The mother listed father unknown on the birth certificate. The aunt was made a legal guardian for the girl when she was quite young, as the mother travels a lot and goes to dangerous situations.

The mother has now died, and the aunt has gone through her papers and discovered the identity of the father. She's contacted him and a paternity test has been taken and confirmed the relationship.

So, my questions:

Does the father need to petition the court to gain custody of his child? Would it be possible to have shared custody between him and the aunt? If this was a mutually agreed to option, how long would it take to get it court-approved?

If the girl turns fourteen before the case comes before the court, can she veto the custody transfer? (my research shows that she could veto the appointment of a legal guardian, but I don't think that's what he'd be?)

Is there anything else I should know about this situation?

Thanks for any help!

Debbie V · May 11, 2015

Why would the aunt do this if she wanted custody? I had to ask.

I'm not a lawyer, but I know the law is geared to what's in the best interest of the child. Family court issues are very much case by case for this reason. See the link for things that the courts will consider. http://www.rurallawcenter.org/docs/How to Prepare for a Custody Case In New York.pdf

Dad has had no prior relationship, so he has an uphill battle for custody unless the aunt wants him to have it. The child would also have a lawyer representing her interests and appointed by the courts, paid for by the family as I understand it.

Consider contacting a law school professor who teaches custody in NYS. You'll need someone who can focus on your specifics.

frimble3 · May 11, 2015

Trying to think what part of 'in the best interests of the child' would be served by handing over a teenage girl to a strange man, whom she's never met, let alone had any kind of an actual relationship with. The aunt must want to get rid of her really badly.
And, did the father know the mother was pregnant? Does he actually want custody of an unknown teenager?

Captcha · May 12, 2015

What part of the best interests of the child is served by having kids move from one house to the other, spending one week of their lives with one parent, one physical environment, and one set of rules, and the next week in a whole different world?

I know that the child's interests are SUPPOSED to be the deciding factor in custody cases, but I've seen quite a bit of evidence suggesting otherwise.

NY State Family Law Questions

Captcha

Debbie V

Mentoring Myself and Others

frimble3

Heckuva good sport

Captcha