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I live in new York, I have n docket custody of my 2 newphews…

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My name is***** live...

My name is***** live in new York, I have n docket custody of my 2 newphews and 1 neices ages 15,13, and 7 the mother had previously lost them due to frug problems mental illness and abondament I got them out of foster care and had them every since when the mother got out of jail and did what the courts asked her to do she was gonna have the kids returned to her but she would not submit to a drug test so with that being said she asked me to keep them the courts gave me n docket custody cps was over the mother went on with her life had two more children gave custody of one of them to her sister then she decided to move to south Carolina meanwhile I have had these 3 for 6 years the youngest one has severe behavirol problems he has been in mental hospitals over night he attends a boces program and see a therapist on a regular the mother is and was not interested while I sat up and continue to deal with this child. now the mother who is in south Carolina text me and said she wants him back and shes coming to petion the cout for her custody returned to her mind you shes only asking for him not the others and I feel its about his ssi payment that he receive what can I do I have built a bond with these children I fear the worst if the judge returns custody to her

Lawyer's Assistant: What steps have you taken? Have you filed any papers in NY family court?

I have not did anything i just got this message from the mother 3 days ago

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No

Submitted: 3 months ago.Category: Family Law
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Answered in 49 minutes by:
3/31/2018
Family Lawyer: Bruce Schreiber, Family Law Attorney replied 3 months ago
Bruce Schreiber
Bruce Schreiber, Family Law Attorney
Category: Family Law
Satisfied Customers: 782
Experience: Attorney At Law at SELF
Verified

Welcome & thank you for your question. I am the professional that will be assisting you. I am a Certified Child Welfare Law Specialist.

The mother has the right to petition the Court at any time; that doesn't mean she will win. Undoubtedly when she files her petition you will be notified and made a party to the proceedings. You will have the ability to present to the Court everything you know about the mother and the child.

The Court will examine the evidence to determine if it is in the child's best interest to be returned to her. That includes an examination of the child's bond with you and your intimate knowledge of his health issues.

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Customer reply replied 3 months ago
Thankyou for your response but I was told the judge is always in favor of reuniting the child with the parent in this case she has moved to another state and although I don’t have proof I’m under the impression that not too much has changed with her lifestyle she has even asked me to wire her money for food which I did
Family Lawyer: Bruce Schreiber, Family Law Attorney replied 3 months ago

Well if a Judge leans a certain way, you have to do your best to overcome the Judge's leaning by providing evidence indicating that it is not in the child's best interest. If you don't have "proof" then she may win. Court decisions are based upon balancing and comparing the evidence presented by the parties. You may have your impression but that doesn't work in a Court of Law.

I wish I had more to tell you.

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Family Lawyer: Bruce Schreiber, Family Law Attorney replied 3 months ago

You (or your Attorney) may need to hire an investigator in South Carolina to gather evidence about her lifestyle. Frankly, the Court should order a study by CPS where she lives before taking any action.

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Family Lawyer: Bruce Schreiber, Family Law Attorney replied 3 months ago

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