Legal Question in Family Law in New York

my sister is 21 and wants custody of me but she lives with her best friend and her best friends dad. If her best friends dad says he doesnt want me in his house will yje judge still give my sister custody or no

Asked on 7/07/13, 5:42 pm

1 Answer from Attorneys

Philip Katz Fink & Katz, PLLC

The question of changing custody from a parent to a non-parent is one that cannot be answered with the scant details that you have provided. In terms of process, your sister could file for a change in your custody from your parent(s) to her if she wishes. This petition typically is made in the local Family Court. Once the petition is filed, she will have to show that there are exceptional circumstances that justify this custody change, and then that it is in your best interests to be made the custodian. Typically the local social service organization (ACS) will be ordered by the Court to conduct an investigation. This investigation will include ACS case worker(s) going to your sister's home and interviewing everyone who lives there. You will also be appointed an attorney who will interview you and advocate for you. Your problem will arise when ACS visits your sister's residence. Since the home is owned and controlled by your best friend's dad, I do not see how the Court could possibly approve a change of custody to your sister, as logically she will have no place to house you.

If you and your sister truly want to pursue her securing custody of you, the first step needs to be that your sister has to find her own home for you and her.

Good luck.

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Answered on 7/09/13, 4:38 am

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