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

Q: my grandson has lived with me for 2 1/2 years. He is 17 1/2 years old. Can he live with his dad now? I'm in agreement

My daughter is on drugs, had 3 CYS cases opened and closed on her, I moved to NY and she gave me guardianship over him. my son in law had a PFA on him which had no basis, it is over now. My grandson wants to live with his dad and I am in agreement. She lives with a drug dealer most times in filth and the children are not being cared for properly. My son in law is going for custody of the younger 2 soon. She never filed for a custody agreement

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1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: To begin with, you should know that when your grandson turns 18 the NY courts cannot grant custody orders. In essence, an 18 year old can live with whoever they want. As the child's guardian, you can allow him to live with his father now or just wait until the child turns 18 when he can just go to his father. The one caveat is that you have not indicated which state the mother or the father lives in and the laws regarding custody may be different in that state.

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