Q: I have had legal custody of my nephew for 8 years. My sister is trying to get him back. What can I do?
In the past 8 years my sister has maybe seen my nephew 9 times. She has been drug dependent for years, in and out of jail and is currently incarcerated however will be released in October. She will not relentquish her rights. However I dont believe it is in his best interest to be with her when he doesn't even know her.
A: Well, she will have to file something called a petition to modify a permanent order of custody. Just to get into court she will have to show a “substantial change in circumstances”; you and your lawyer will have an opportunity to re-but this. If she does manage to get the case in the court is unlikely she will win as the standard is “the best interest of the child”. Furthermore, the court errors on the side of not making changes to the child’s current lifestyle and considering you had custody for eight years and the birth mother has a drug issue, assuming she can even get past the initial version of a “substantial change in circumstances “I find it almost impossible that she would be able to win back full legal and our physical custody. We handle these cases and require a $720 retainer. We bill there after at $180 an hour. If you would like a free consultation you may call me at 914–912–1555… Suffice it to say that even if you do not hire me the consultation is still covered under attorney-client privilege by law. Hopefully I can help you. Aubrey.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
