Q: Can I gain legal rights to a child I've raised, not biologically mine, in NY?
I have been raising a child since birth who is not biologically mine and is now 7 years old. The father has never been involved, and I have the child on weekends with the mother's agreement. There are no formal legal arrangements currently. I believe the mother's house is not safe for the child, and the child wants to stay with me on weekdays. Can I have any legal rights regarding the child?
A:
It’s great that you’ve been a consistent and caring presence in this child’s life. Since you are not the biological or legal parent, gaining legal rights in New York can be challenging, but it may be possible, depending on the circumstances.
What Legal Options Could You Have?
1. Seeking Legal Custody or Guardianship
If you believe the mother’s home is unsafe and the child would be better off with you, you could petition the court for custody or guardianship.
Courts prioritize the child’s best interests, and since you’ve been raising them for seven years, the judge could consider your role significant.
If the mother is willing, she could agree to a legal arrangement granting you custody or guardianship.
2. Exploring "Parent-Like" Rights (Psychological Parent)
In some cases, courts recognize non-biological parental figures who have acted as the child’s primary caregiver.
If you’ve been financially supporting the child, making decisions for them, and have a strong, ongoing relationship, you may be able to argue for legal rights under what’s known as a "de facto" or "psychological parent" claim.
3. Emergency Custody if the Child Is in Danger
If you believe the child’s safety is at risk, you could report concerns to Child Protective Services (CPS) or file for emergency custody in Family Court.
If the home is unsafe and authorities confirm neglect or danger, the court could place the child with you as a more stable guardian.
Next Steps: Contact Our Office
Since you’ve been raising this child for years, you may have legal options to protect your relationship. However, these cases can be complex, and the sooner you act, the better.
✅ We can help you explore custody, guardianship, or visitation options
✅ If the child is in danger, we can guide you through emergency legal action
✅ We’ll help you understand your rights and fight for what’s best for the child
Let’s set up a time to talk—give us a call, and we’ll walk you through the process.
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