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Ellen
Ellen, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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Daughter in law is seeking custody of 2 grandchildren aged

Resolved Question:

Daughter in law is seeking custody of 2 grandchildren aged 12 and 6. Son is an alcoholic but has never harmed children. Children have lived with grandparents 1/2 of each week since birth. Have their own bedroom, bikes, toys, swing set etc. at grandparents home. They do not just visit, they live with grandparents 3-4 days of the week including weekends. Daughter in law has moved out of home with children and works leaving the children home alone in the morning before school and about 4 hours in the evening when working. Grandparents wish to obtain joint custody of children and continue the relationship that existed prior to the parents separation. This is a situation in NYS. Is it reasonable to think that the courts would consider joint custody for the children between mother and grandparents?
Submitted: 8 years ago.
Category: Family Law
Expert:  Ellen replied 8 years ago.

Hello,

Thank you for your question. I am happy to assist you.

Grandparents of a child residing in New York state may obtain custody rights if they can demonstrate the existence of extraordinary circumstances.


An extraordinary circumstance is an extended disruption of custody of at least 24 continuous months during which the parent voluntarily relinquished the child to the care of the grandparents and the child resided in the household of the grandparents.


However, the court may find that extraordinary circumstances exist where the separation is less than 24 months, based upon other circumstances. Your situation may qualify as such as extraordinary situation.

 

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
FLAandNYLAWYER


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Customer: replied 8 years ago.
Do extraordinary circumstances apply to part of the week living at the grandparents with the other part of the week living with the parent? This has occurred over the entire lifetime of each of the grandchildren.
Expert:  Ellen replied 8 years ago.
Hello,

There is no precedent that I am aware to that effect. However, where child custody is concerned, the best interests of the child will always govern. Thus, if the judge believes that it is in the child's best interest that the current living arrangement continue, the judge may find extraordinary circumstance to permit the practice to continue.

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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

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