Brooklyn, NY asked in Family Law and Child Custody for New York

Q: I gave my sister custody of my child but she wants to give it back, how do i regain custody ?

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1 Lawyer Answer
Andrew S. Tabashneck
Andrew S. Tabashneck
  • Divorce Lawyer
  • Williamsville, NY
  • Licensed in New York

A: It is difficult to answer this question without a little more information. When you that you gave your sister custody of your child, I am curious as to whether a court order was involved. For instance, did you both come to an agreement and was the agreement then made formally part of a court order? Or, on the other hand, was this more of an informal arrangement between you both which worked out for a period of time, but perhaps the situation has changed?

Bottom line, if there is no court order, then to add clarity to the situation it is probably best to petition family court for an order which could include some visitation time for your sister, if you both wish to go that route. If there was already a custody order in place, which provided your sister with custody of the child, then you will need to modify the court order. If she no longer wants to care for the child, this would certainly be a substantial change in circumstances which could warrant providing you custody of the child. Again, I would need more information to really provide much help here. Many slight facts could drastically change the analysis. It's important for you to consult with an attorney about this situation. I wish you the best of luck going forward.

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