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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7078
Experience:  Experienced Family Law Attorney
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I live in Indiana and I recently went back to New York to

Customer Question

I live in Indiana and I recently went back to New York to pick up my granddaughter who is 12 to come visit for the summer. My daughter didn't want here there. She said Chloe was evil and no one wanted her there. My granddaughter was telling me how her mom hits them and leaves them alone. Grant you the older boys are there but it is inappropriate .They have had to watch the little ones for years and they are very angry and scream and hit the kids. I go back every 4 months to visit and it is horrific. My daughter works all night and gets home around 10:00 am. Sometimes she doesn't come home. She is always screaming at the kids, calling them names and the house is a disgrace. My grandaughter would like to live with me and wants her little brother who is 9 to come also. She worries about him. Is there anything I can do to get my two grandchildren until there mom is more stable. I have called child protective services on her in New York for leaving the kids days at a time.
Submitted: 3 months ago.
Category: Family Law
Expert:  LegalGems replied 3 months ago.

I am very sorry to hear this;

NY would be the court with jurisdiction under the UCCJEA- the uniform federal Act that regulates jurisdiction of child custody matters- basically the child's home state has jursidiction.

In NY, third party custody is permitted, by court order, when there are exigent circumstances.

Bennett v. Jeffereys is the pivotal NY case re: third party custody rights; a parent may not be deprived of custody to a non parent "absent surrender, abandonment, persisting neglect, unfitness or other like extraordinary circumstances." If these circumstances are found, then the court is allowed to consider granting custody to the third party provided that is determined to be in the child's best interest. But "[a]bsent extraordinary circumstances, narrowly categorized, it is not within the power of a court, or, by delegation of the Legislature or court, a social agency, to make significant decisions concerning the custody of children, merely because it could make a better decision or disposition."

So the court does have authority to allow for grandparent custody, and will do so if the circumstances so warrant.

This type of litigation tends to be the most difficult, from an emotional and legal perspective, so one would want to retain an experienced family law attorney.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 3 months ago.

checking in on the above;

thank you for using Just Answer.

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