Horseheads, NY asked in Child Custody for New York

Q: As of right now we have temporary custody but we think were just not the right fit, what will happen when we withdraw?

We do not wish to pursue full physical custody. Her grandmother had custody but cps took her away so we filed for custody but now theres alot going on in court and our wishes are not being met. We do not want to pursue custody anymore but, we are concerned about what will happen with the child when we backout. Our attorney is not being helpful at all.

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3 Lawyer Answers
Christopher N. Luhn
Christopher N. Luhn
Answered
  • Mechanicville, NY
  • Licensed in New York

A: "Withdraw" what, or from what? Withdraw a petition? You need to be more specific.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • Divorce Lawyer
  • New York, NY
  • Licensed in New York

A: See: http://www.aeesq.com/divorce-attorney/child-custody/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Aubrey Claudius Galloway
Aubrey Claudius Galloway
Answered
  • Divorce Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: There are many more details necessary in order to answer this question correctly. But here are a few things that I do know… If the courts have found the child's grandparents and parents unable to care for the child, and you do not wish to you then there are only a few things that can happen. First of all, just because CPS said something, or even found the grandmother indicated on an, investigation this is not dispositive grounds to keep her from having custody of the child. Additionally, any other of the child's family members may apply for fast today as well as any close friends or non-biological parent ( Per recent Court of Appeals decision in August 2016) ETC.

I strongly recommend that you all get together and work out what is best for the child as a family/extended family. If that does not happen, then the child will likely be placed in foster care.

Or firm handles these sorts of cases fairly frequently, so please feel free to contact me or my office directly; A phone consultation is free, however, if you wish to have a meeting in person, a phone conversation is a prerequisite to that appointment, and the intake on a family law case is $25 to cover costs and expenses/legal research prior to our first meeting.

Please note, other than my firm, there are a litany of fair-cost attorneys out there, so I suggest picking the minds of a few different ones before making a decision to hire an attorney or not, and if so which one to hire.

Truly Yours,

Aubrey

Law Offices of Aubrey C. Galloway, Esq., P.C.

Aubrey C. Galloway III, Esq.

Founding Partner

2 Overhill Rd, Suite 400

Scarsdale NY, 10583

P: 914-914-1555

F: 914-740-8130

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