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 (www.blivenlaw.net)
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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