I was recently asked as a Saratoga Child Custody Attorney about obtaining custody of someone’s niece or nephew. It’s very difficult for a non-parent to obtain custody of a child who is not their biological relation. That is because the laws of this state give very clear preference to biological parents. Therefore, if you are looking to gain custody of a child who is not your biological child, including your niece, step-daughter, granddaughter, or any child you are not an immediate blood relative to, you would need to petition the family court for custody and allege extraordinary circumstances. I advise clients as a Saratoga Child Custody Attorney that extraordinary circumstances is a very hard standard to meet and I recommend consulting and working with an attorney in filing this sort of a petition. The sorts of facts that can aid in this sort of argument are the abandonment of the biological parent of the child in question, the unfitness of the biological parent, persistent neglect of the child by the biological parent, or general unfitness.
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If you are in New York and looking to get custody of your niece or nephew, contact our experienced Saratoga Child Custody Attorneys.
This informational blog post was provided by Jean Mahserjian, an experienced Saratoga Child Custody Attorney.
