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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115465
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have file of my twin granddaughters(they have been in care

Customer Question

I have file for custody of my twin granddaughters(they have been in foster care since 2months old currently 16months old. I have had court hearings but it keeps being postponed I didn't take a lawyer filled out the paper work in the buffalo courts I reside in Brooklyn ny. history their mother was charged with negligent x3. My son and I provide support to the foster mother taking care of the twins and visit as much as we can, financially it consuming. I forgot to mention the mother of the twins has another child 4 years old not my sons he met her with that child the case is being tried together, so if there is a problem with the first kid it delays my custody petition. How can I get the cases separated and get my granddaughters
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The only way to get this case separated is you would have to file a motion to sever the cae. The problem being in a child custody case regarding parental fitness, the courts want to hear the fitness all at one time, so the attorney is likely only going to be able to get the court to agree to decide on the custody of those two children temporarily until the parental rights issue is determined.
So your attorney should consider filing a motion to sever the hearing (asking the court to hear the case regarding your grandchildren separately) or to grant temporary custody to you pending the full custody. It would be completely up to the court of course as they have discretion on whether to do so or not.

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