QUESTION

What can I do if my grand daughter wants to live with me?

Asked on Feb 08th, 2020 on Child Custody - New York
More details to this question:
I've been taking care of my grand daughter since she's been born pretty much . She started living with me full time since 2012 and still does. She is 11years old now . Her mother is alive but does not help take care of her,she won't give me residental or anything to help out. I work full time and I have a 7 yr old son too ,which they get along like brother and sister more then uncle and neice they love each other very much. She does not want to live with her mother ,she loves her of course she just knows that I'm gonna do for her n give her what she wants n needs before her mother will.. so my question is if I take her to court will my grand daughter have her own say in the matter?
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1 ANSWER

Divorce Attorney serving New York, NY
2 Awards
That is a complicated situation.  The general rule (and particularly after the U.S. Supreme Court's Troxel v. Granville decision) is that grandparents do not have standing to seek custody where the parents object.  If your granddaughter is the daughter of your son and your son is deceased, that might change the calculus and give you standing under the grandparent visitation statute.  But otherwise, courts may not infringe on parental rights in favor of grandparents. The next question is how old is your granddaughter?  The older the child, the more inclined courts are to take their wishes into consideration.  That, too, however, may not be relevant in a contest between a grandparent and a parent (only between parents). It is for situations such as this that the Uniform Law Commission promulgated the Uniform Non-parent Custody and Visitation Act.  Had New York adopted that set of proposed laws, you might have standing to challenge your daughter[-in-law] for custody.  Without it, however, you have an uphill battle because, generally, grandparents lack "standing" to challenge a parent. The specifics of your case might give you further rights.  For example, you don't say how long you've been caring for your granddaughter.  You don't say what contact her mother has had with her during this time. So possibly with better knowledge of the facts a claim can be made successfully.  But the simple answer, unfortunately, is no, you can't prevail in a legal contest with your granddaughter's mother. Good luck and God bless for the good your doing. Chaim.
Answered on Feb 14th, 2020 at 3:43 PM

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