Legal Question in Family Law in New York

Custody versus Guardianship

We live in the Rochester, NY area. We are currently caring for a 15 year old boy who has been thrown out of his house by his step father. His mother died 2 years ago, and he has been living with his step father. He has not been adopted by his step father. His biological father also is out of the picture, his mother never married him, and his name and location are not known. His step father has been neglecting the boy, not providing food, and not providing a good home for him. He has been physically abusive to him too. He is now safe in our home.

We are going to take him into our family. We have to decide whether to seek Custody or Guardianship. What are the differences, pros and cons of each? We intend for this to be a permanent arrangement, and for him to be part of our family. I appreciate your quick response, as we need to get things settled before school starts. Thank you.


Asked on 7/27/05, 6:02 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Custody versus Guardianship

However, if you wish to make a "permanent" committment to this youngster, you should consider Petitioning for Adoption, in a Court of competent jurisdiction. You should also, probably have a lawyer. But, first you must contact the local Bureau or Dept for child protection services.

You should be prepared for extensive interviews and investigation, of your home, personal and financial life. You should expect that the youngster's other blood relatives, ie., grandparents, aunts, etc., may suddenly appear not to help the situation, but only to offer grief. Along with the social service workers, who should have already been named by the Court, "As Guardian", given the circumstances described. You will have your hands full.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 8/02/05, 11:34 am


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