Q: For the past 5 years, my grandson, Elijah, has been living with me and my husband (his paternal grandfather). Three years ago Elijah's mother passed away and just recently my son (Elijah's father) also passed away leaving him an orphan. My grandson has a half sister; who is 24 years old and has 2 children of her own. All of us live in New York City. My question is: In New York State who would get guardianship of an orphaned 14 year old boy - His paternal Grandparents with whom he has been living with for 5 years or his 24 year old half sister with whom he would prefer to live?
A: David's Answer: The Court would strongly consider that the child has been in your care for that length of time. That said, given the age of the child, his wishes will be a strong countervailing factor. Ultimately if a settlement cannot be reached, a trial will be necessary. -- David Bliven
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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