Legal Question in Family Law in New York
Child custody due to death of mother
My son currently resides in new york with his mother and step father. She has recently lost her battle to cancer in which I will be fileing for full custody in Florida where his stepmom a stepsisters reside. I am hopeing to bring him in to live with us after he finishes off his shool in June. Should I the best of chances over other family members
1 Answer from Attorneys
Re: Child custody due to death of mother
As long as you are a fit parent...you have a superior right with the courts (and the constitution) over other relatives.
You will need to show how it is in the best interest of the child to re-locate with you to Florida.
If the child is old enough to articulate his preference, the court will take that into consideration as well.
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