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

Q: I have temporary custody of my 21-month-old son. His mother is allowed visitation that is supervised by a CPS twice week

the mother saw the child on 1/24/2022 and was actively using strong drugs. She was tested and tested positive and now is in a rehab. This has been her MOA since she lost custody in 1/2022. We would like legal advice on getting full permanent custody of the toddler. She has an extensive history of this behavior. She has a 10 year old son who she lost custody of at 2 years old when she od'd in front of him. Her mother has had custody of that child. We need advice on how to obtain full parental custody through the courts.

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

A: If the child was placed with you under neglect proceedings against the mother, the court will decide if you should be placed with you permanently during the dispositional phase. You also could file a custody petition.

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