“In a custody case involving myself and my daughter, who is the biological parent, is there any way I could obtain primary custody?”

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In Bennett v. Jeffereys, the New York Court of Appeals ruled that a non-biological parent, such as a grandparent, may only obtain custody over a biological parent if two conditions are established.

First, the New York Court of Appeals stressed the Criminal Lawyers buffalo new york for the grandparent seeking custody must establish that “extraordinary circumstances” exist which require courts in New York State to order custody with the grandparent over the biological parent.

Under New York Law, a Criminal attorneys buffalo new yorkY establishes extraordinary circumstances where the child is abandoned; a parent signed a legal document stating the child may be adopted; a parent neglected or abused the child; a parent is being or has been deported; a parent is in prison for a long time; or other serious acts which may affect the child’s well-being.

Once extraordinary circumstances are established, the Criminal Lawyers buffalo new york must establish that granting custody to the grandparent would be in the child’s best interest. The “best interest of the child” standard is fact specific and highly dependent on the quality of the arguments made by the Criminal Lawyers buffalo new york.

New York courts will look to all relevant factors including the grandparent’s financial information; health and age. The law in New York State provides courts with great discretion to examine many more factors beyond those limited here. Additionally, New York courts, depending on the child’s age, may ask the child what he or she believes to suit his or her best interest.

Again, if you find yourself going through the criminal process, it is very important to find lawyers in buffalo ny free consultation

Please be advised, this is not legal advice. For a free consultation, contact a criminal defense attorney buffalo ny, criminal lawyer in buffalo ny, Criminal Lawyers buffalo new york, or Criminal Lawyer Buffalo New York.

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