Legal Question in Family Law in New York

concern for the baby

can a stepmother get custody of her grandson because the mother is abusing him and she is unfit to care for him.


Asked on 8/05/03, 5:44 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: concern for the baby

Yes. This is possible.

Custody is determined by the interests of the chid and while the birth-mother has the benefit of a legal presumption, that can be overcome.

Physical abuse and unfit behavior are grounds for challenging the mother's custody. Custody and care of a child is a sacred thing. If you have knowledge of threats to the child's safety, you must come forward. I will help you in any way that I can.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 8/05/03, 6:32 pm
Seth Kaufman Seth M. Kaufman

Re: concern for the baby

A non-parent can petition for custody if there are "extraordinary circumstances" such as abuse or bneglect by the parent. A step- or grandparent may petition for custody if they have a special bond, relationship or history with the child. Where does the father fit into this situation? I need to know more about your case to give you proper advice. Feel free to call me at 212-367-9167.

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Answered on 8/05/03, 7:21 pm


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