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 Family Lawyer Buffalo NY 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 Family Lawyer Buffalo NY 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 Family Lawyer Niagara Falls NY 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 Custody Lawyer Buffalo NY.
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.
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Please be advised, this is not legal advice. For a free consultation, contact a criminal defense attorney buffalo ny, criminal lawyer buffalo ny, Criminal Lawyer Niagara Falls NY, or Criminal Lawyer Amherst NY.