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

Q: What can I do to keep my grandson?

My grandson begin living with me 1 month before everything closed down due to Covid-19. I applied for Medicaid only for him because my job insurance wouldn’t allow me to add him. He attended 3K at a public school and is currently in PreK. He has some developmental delays in which i had him evaluated and he is now receiving services. His father is my son but he has been locked up most of my grandson’s life. His mother lives in another state with her 5 other children. She keeps her children out of school a lot and the 2 oldest boys barely goes. She now wants to take my grandson back over something tedious and I am afraid that he will not receive his services and he will barely go to school. I’m trying to convince her to let him stay because he came a long way from how he was when I got him at 2 years old. If my calculations are correct he’s been living with me for 3 years come February 2023. Any advice would be greatly appreciated.

-worry NY grandma-

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

A: You will need to file a custody petition in the family court in the county in which you live. Because you are a non-parent you will need to show extraordinary circumstances. The fact that your grandson has lived with you may constitute extraordinary circumstances.

1 user found this answer helpful

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