Legal Question in Family Law in New York

custody of stepson

Hypothetically, if my wife were to die leaving her 6 year old son behind...no will, she has full custody, father does not have visitation but might want custody if she were not around...is there a chance that i would be able to get custody of him? Is she able to leave custody to a certain person if she were to draw up a will?

Asked on 12/12/08, 12:51 pm

2 Answers from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Re: custody of stepson

Why not just adopt the child?

This will determine Whether the biological father object?

Sincerely,

Patricia Martin-Gibbons-NY

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Answered on 12/12/08, 12:57 pm
Michael Markowitz Michael A. Markowitz, PC

Re: custody of stepson

To specifically answer your question, the biological father would have custody, even if the will stated otherwise. However, the step-father may petition the Family Court for custody, and the Court would look at the best interest of the child to determine custody.

Mike.

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Answered on 12/12/08, 2:31 pm


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