QUESTION
Would my Grandmother be able to take custody of me from my father now?
Asked on May 05th, 2015 on Child Custody - New York
More details to this question:
I am a 17 year old female.My mother has had custody of me for 16 years and just gave up her rights because we got into a physical altercation. I went to live with my father who has been absent in my life for 16 years and he drinks and smokes everyday and is very violent. A week ago he punched me in my face leaving the left side of my face swollen and my nose leaking. He abused my mother as well as when she was pregnant with me so he has history of abuse. Now my grandmother wants to take custody of me but my father wont let her because he doesn't want to keep paying child support and he knows if he has custody then he doesn't have to pay child support
1 ANSWER
Hi
First, i don't know that your mother actually "gave up her rights", that is terminated her parental obligations by going to Court. If she did, that's very unusual.
Second, the Family Court hates to deal with custody issues regarding a 17 year old. However, in your case, i would say that your grandmother needs to go to Court to petition for custody of you because your father is abusive and beats you. i would also suggest that she report the abuse to child protective services or, if you're in NYC, ACS. They will do an investigation and you can advise the social worker that he has been beating you up. A judge will not make you stay with him under those circumstances.
One way or the other, someone needs to do something to protect you.
Hope this helps
Ilysa
Answered on May 11th, 2015 at 12:31 PM