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

Q: We have questions about relinquishing custody of a 14 year old nephew to his adult siblings.

In August of 2020, my husband and I were given primary physical and joint legal custody of our 12 year old nephew. Both parents were deceased and his two adult siblings asked us to take him as they did not feel equipped to raise him. After two and a half years we feel as though it is time for his siblings to take custody of him. We are looking for some info as to how this process would work.

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1 Lawyer Answer
Sandra M. Colatosti
Sandra M. Colatosti
  • Licensed in New York

A: His siblings must be willing to assume custody of your nephew. If they are not, the Court cannot force them to take custody. If one of them is willing to assume custody he/she should file a custody petition. If you know longer wish to maintain custody of your nephew and neither of the siblings is willing to take custody, your nephew could end up in foster care.

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