Rochester, NY asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for New York

Q: Could my friend's 14 year old daughter live with me if the father consents and the mother is deceased?

My girlfriend's step-brother was dating a woman with a daughter who is now 14. The mother passed away so the daughter now lives with her father. She wants to live with us because she feels better being here. Her home life is not the best because her father is an alcoholic who is verbally and mentally abusive to her. Can she live with us if the father consents it? What process will we have to do if he does not consent? We live in New York State.

3 Lawyer Answers
Aubrey Claudius Galloway
Aubrey Claudius Galloway
Answered
  • Criminal Law Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: The answer is a YES; unless you receive something called a petition in the mail ( certified mail return receipt requested & someone has to personally attest to serve… I would recommend "nail anx mail (we can discuss that) --- Anyway, off the top of my overworked head ...

Potential issues below:

In the absence of multiple indicated CPS reports The COURT has no evidence to show "special circumstances...potentially endangering the child"... you are you would be coming through your atty and stating that if the child was ever in danger it was that woman

No worries :)

Call if you need anything and please visit webpage at AG3LAW.com

AG3

914-912-1555

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in New York

A: Not unless you file for a guardianship or adoption (if dad's parental rights are terminated). 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.

Barry E. Janay agrees with this answer

Barry E. Janay
PREMIUM
Barry E. Janay PRO label
Answered
  • Appeals & Appellate Lawyer
  • Florham Park, NJ
  • Licensed in New York

A: While you can do this, it's best to get an agreement with the father via a writing in which he expresses his consent and it also may be advantageous to initiate a guardianship proceeding or an adoption proceeding so that there aren't any issues with schooling or other community activities.

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