Legal Question in Family Law in New York

I am seperated but not divorsed from my wife . Do i have rights to visit my stepchildren?


Asked on 1/31/11, 2:16 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

The answer is no. According to statute, there are only three categories of persons who can seek custody or visitation with children, namely parents, siblings, and grandparents; biological or legal strangers to a child have no standing under these statutes. C.M. v. C.H., 2004, 6 Misc.3d 361, 789 N.Y.S.2d 393. A person who is not biologically or legally related to a child has no standing to pursue custody or visitation. Sean H. v. Leila H., 2004, 5 Misc.3d 315, 783 N.Y.S.2d 785.

Mike.

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Answered on 2/09/11, 6:03 am


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