Saturday, March 30, 2013

If the natural parent passes away, and the 17 YO wishes to remain with the step-parent, does the stepparent have any rights?

Q:  The 17 YO has lived with the step-parent for 15 years and wishes to remain in the only home he has known. The father is demanding the minor live with him. Does the step-parent have any legal standing. PS, the custodial parent did not designate a guardian before she passed away.

A:  David's Answer:  The step-parent would generally need to establish his/her rights - i.e., that the father has neglected or abandoned the child. Unfortunately, in New York, step-parents have very few "automatic" rights versus biological parents. That said, it behooves you to schedule a consultation with a Westchester Co. Child Custody attorney.  -- David Bliven, Westchester Child Custody lawyer (

No comments:

Post a Comment